![[Basket]](images/basket.png){kind=small}
Your order![[cover image]](images/issue/BK201409.jpg)
Pregnancy risk assessment — relevant case law
[ch 3: page 44]When Suzanne Bunning became pregnant, her employer carried out a general risk assessment. During this time, Ms Bunning had been suspended on full pay pending the outcome of the risk assessment. The risk assessment concluded that her welding job was not high risk and that she should return to work doing her welding job. Following a miscarriage, she argued that the company had discriminated against her by not taking steps to avoid any health risks. The EAT upheld her claim. The requirement that Ms Bunning return to her welding job or to another medium-risk job was a “detriment” under the Sex Discrimination Act and sex discrimination. The Court of Appeal agreed.
Bunning v GT Bunning and Sons Ltd [2005] EWCA Civ 983
There is no requirement for a pregnancy risk assessment to be in writing. In one case, the EAT accepted that the employer had carried out a risk assessment which took the form of meetings addressing particular concerns, as well as using a generic pregnancy risk assessment. The employer also kept a record of the risk assessment as required by the legislation (Stevenson v J M Skinner & Co UKEAT/0584/07).