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Fiona Kincaid
Member - 11 posts
An employee did not inform me until 5 months pregnant. Following activation of a building alarm close to her work area, the insinuation has been made that she/baby are not well due to this. Any advice on where we stand with this? As soon as I was made aware of the pregnancy, I immediately undertook a risk assessment and have made minor adjustments to her work area accordingly. The alarm sounder is also being moved.
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Martin Brewer - Mills & Reeve
Online advisor - 87 posts
Fiona, first you have done the right thing undertaking a risk assessment. You have a duty to do that once you are notified by the employee that she is pregnant.
Second, if the results of the risk assessment reveal a risk to the employee?s health or safety then you must take reasonable steps to avoid the risk, or alter the employees working conditions/hours. If it is not reasonable to do either of these things then to avoid the risk you must suspend the employee subject to offering her any suitable alternative work which is available and where the risk which exists in her current work does not exist in the alternative work.
Thus you should continue to monitor the work environment to assess the risk and see whether any further adjustments are necessary.
You should also consider asking the employee to go for an occupational health/other medical assessment particularly if she is complaining of feeling/being unwell.
Finally, and as a precaution, you may want to bring these circumstances to the attention of your employers liability insurer in case the employee is building up to a personal injury claim.
Hope this helps.
Martin Brewer
Partner
Mills & Reeve
Martin.brewer@mills-reeve.com
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