Maternity - health and safety

What are the requirements?

Employers are required to protect the health and safety at work of all employees and others, including new and expectant mothers, by carrying out a risk assessment.

If a risk is identified that could jeopardise the health and safety of a new or expectant mother or her baby, the employer should first consider removing the hazards or preventing exposure to the risk. If the risk still cannot be avoided, further steps to protect her health and safety must be taken - changes in her working conditions or hours or offers of suitable lternative work should be considered. To dismiss an employee simply because she is pregnant is likely to lead to a claim for unfair dismissal.

Are pregnant women entitled to sick pay?

There is no legal requirement to salary for any employee who is absent from work due to sickness, other than that paid by Employment and Social Security Department, unless the Employee’s contract of employment states that the company have their own company sick pay policy. Because there is no law on company sick pay, the company may implement whatever policy they choose but it should be seen to be fair and not discriminate on the grounds of sex, race or disability.

Where can you get more information?

JACS can provide advice

For advice on Social Security Sick Pay contact the Employment and Social Security Department on (01534) 280000.

Advice on all Health and Safety matters can be obtained from the Health & Safety Inspectorate on (01534) 280473