Maternity Health & Safety UK: Employer Duties 2025

Overview

A maternity health and safety assessment is the process an employer works through to identify anything in the workplace that might pose a risk to a pregnant employee, a new mother (generally within six months of giving birth), or someone who is breastfeeding. It sits within the wider duty under the Management of Health and Safety at Work Regulations 1999 to assess risks to all workers, but the maternity element has its own particular focus.

Once an employee notifies her employer in writing that she is pregnant, has given birth in the last six months, or is breastfeeding, the employer should look at her role specifically and consider whether the existing arrangements still work for her. If risks are identified, the employer should take reasonable steps to remove them, adjust working conditions or hours, offer suitable alternative work, or, as a last resort, suspend the employee on full pay.

The written notification matters because it triggers the duty, and it is worth recording both the notification and the assessment in writing.

Key steps

1. Receive and acknowledge written notification. The employer's specific maternity duties are triggered when the employee notifies her employer in writing that she is pregnant, has given birth within the last six months, or is breastfeeding. Keep this notification on file and confirm receipt so both sides have a clear record of when the clock started.
2. Identify hazards relevant to the role. Walk through the actual duties of the job rather than a generic job description. Consider physical demands such as lifting, prolonged standing, or awkward postures, exposure to chemicals, biological agents or radiation, night work, long hours, excessive heat or cold, and stress-related factors. The hazards that matter will depend entirely on what the employee actually does day to day.
3. Assess the level of risk and who is affected. Once hazards are listed, think about how likely harm is and how serious it could be, bearing in mind the stage of pregnancy or whether the employee is breastfeeding. Some risks only become significant in the later stages of pregnancy, while others are a concern from the start. Document your reasoning so the thinking is transparent.
4. Decide on and implement control measures. If risks cannot be avoided by the usual preventive measures, the employer should adjust working conditions or hours, offer suitable alternative work on no less favourable terms, or, where nothing else is reasonable, suspend the employee from work on full pay. Talk to the employee before deciding, as her input usually improves the outcome.
5. Review the assessment as things change. Pregnancy is not static and neither is a workplace. Revisit the assessment at key points, for example when the employee moves into later pregnancy, when she returns after maternity leave, or if her duties or the workplace change. A single assessment at the start is rarely enough to cover the whole period.

Common questions