Nightwork and pregnancy

A nightworker who is pregnant, has given birth within the previous six months, or who is breastfeeding and has a certificate from her doctor or midwife showing that it is necessary for her health and safety or that of her unborn baby not to work nights should be suspended from night work for the periods stated in the certificate (regulation 17, Management of Health and Safety at Work Regulations 1999). The employer must offer suitable day work on the same terms and conditions, including pay. If there is no suitable work, she should be suspended on full pay for as long as necessary.

Compelling a pregnant worker to change her working arrangements for no good reason could be pregnancy discrimination (New Southern Railway v Quinn [2006] IRLR 266). A woman should not be compelled to give up her night shift, disrupting established childcare arrangements or career progression, if there is no medical evidence that this is needed.

Nightwork can interfere with breastfeeding. In Otero-Ramos v Servicio Galega del Saude [2018] IRLR 159, an employer breached the EU Pregnant Workers’ Directive by failing to conduct an adequate risk assessment for a breastfeeding woman and failing to make adjustments to manage the risks revealed by the assessment, such as mastitis and engorgement.