Night workers
[ch 4: page 116]Separate rules cover night workers (those working at least three hours between 11pm and 6am). In general, a worker should not work more than eight hours a night, averaged over four months. Employers must provide free health assessments for night workers.
In most cases, young workers are prohibited from working nights. Where they are allowed to do so, the employer must conduct a health assessment (see Chapter 2: Young workers).
Where a female employee works nights and has a certificate from a doctor or midwife showing that it is necessary for her health and safety, or that of her unborn baby, not to work nights, the employer should suspend her from working nights for the periods stated in the certificate (regulation 17, Management of Health and Safety at Work Regulations 1999). The employer must offer suitable alternative daytime work on the same terms and conditions. If there is none, she should be suspended on full pay for as long as needed.
A woman should not be compelled to give up her night shift (disrupting established childcare arrangements or career progression) without medical evidence from a doctor or midwife that this is needed. Compelling a pregnant worker to change her working arrangements for no good reason is likely to be pregnancy discrimination (see page 214).