Introduction
Mother’s Day is a reminder of the importance of maternal wellbeing, but in workplace health and safety, that responsibility extends beyond celebration. NEMA referring here to new and expectant mothers represents a legally protected group requiring specific risk assessment and control measures.
Pregnancy changes physical capability, balance, fatigue levels, and vulnerability to certain substances. Workplaces that fail to adapt can expose pregnant employees to avoidable harm. Managing risks for new and expectant mothers is not discretionary; it is a statutory duty embedded within UK health and safety law.
Case Study: Failure to Adjust Duties for a Pregnant Worker
In 2019, a UK manufacturing company was subject to tribunal proceedings after a pregnant employee raised concerns about heavy manual handling and prolonged standing. The employer failed to carry out a new and expectant mother risk assessment and did not adjust her duties. The tribunal found breaches linked to the Management of Health and Safety at Work Regulations 1999 and discrimination under the Equality Act 2010.
Although not a fatal case, the ruling reinforced that once an employer is notified of pregnancy, they must act immediately to review and modify workplace risks. Financial compensation and reputational damage followed.
Hazards Affecting New and Expectant Mothers at Work
1. Manual Handling and physical Strain: Hormonal changes increase susceptibility to musculoskeletal injury.
2. Prolonged Standing or Fatigue: May lead to swelling, dizziness or circulatory problems.
3. Exposure to hazardous Substances: Certain chemicals, biological agents and radiation may harm foetal development.
4. Shift Work and Stress: Long hours and night shifts can increase health complications.
5. Slips, Trips and Falls: Altered balance heightens fall risks.
6. Workplace Violence or High- Stress Roles - Can affect maternal health.
Legal Duties
Employers must comply with the following:
Management of Health and Safety at Work Regulations 1999 – Regulation 16 requires specific risk assessment for new and expectant mothers and implementation of suitable adjustments.
Health and Safety at Work etc. Act 1974 - Mandates protection of employee health and safety.
Equality Act 2010 - Prohibits discrimination related to pregnancy and maternity.
Enforcement may involve action by the Health and Safety Executive and employment tribunals.
Control Measures:
· Conduct individual new and expectant mother risk assessment immediately upon notifications.
· Adjust duties to reduce lifting, prolonged standing or exposure to harmful substances.
· Modify shift patterns where fatigue risk exists.
· Provide appropriate seating and rest facilities
· Offer suitable alternative work if risks cannot be controlled.
· Train managers on obligations toward new and expectant mothers.
· Review risk assessments for new and expectant mothers monthly as the pregnancy develops. It is important to remember to review it again once the mother returns from maternity leave if they are still breastfeeding the child, or it has been less than 6 months since the birth.
Summary
Mother’s Day highlights the societal value of maternal wellbeing. In workplaces, this translates into clear legal duties to protect new and expectant mothers. Employers must conduct personal risk assessments, implement adjustments and prevent discrimination. Proactive compliance safeguards maternal health, reduces legal exposure and reinforces organisational responsibility.
