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This fact sheet will give you some basic information about health and safety for pregnant and breastfeeding women. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• What does my employer have to do if I am pregnant or breastfeeding?
• Does my employer have to do anything if I tell them I am pregnant?
• What is included in the risk assessment?
• What happens after the risk assessment?
• Can I get time off for ante-natal appointments?
• What are my rights if I am breastfeeding?
• What can I do if I think I have been discriminated against because I am pregnant or breastfeeding?

What does my employer have to do if I am pregnant or breastfeeding?

Your employer must carry out a general risk assessment if they employ women of child-bearing age. In practice, this will affect almost every employer.

This assessment should look at whether there are any potential risks to women who are pregnant, or to new or breastfeeding mothers. If there are any risks, employees must be made aware of them and of the measures to reduce or remove them.

Does my employer have to do anything if I tell them I am pregnant?

Yes, when you tell your employer you are pregnant they have to carry out a specific individual risk assessment for you. They don't have to do this until they have written notification of your pregnancy, so it's important you do this as soon as possible. Your employer can also ask for written proof of your pregnancy from your GP or midwife.

The specific risk assessment must look at whether your working conditions involve any potential risks to your health or the health of your baby. It must also take into account any medical advice you�??ve received. For example, if you are suffering from a pregnancy-related condition, such as pre-eclampsia or have a history of miscarriages, you might have to take more frequent breaks or avoid stress. Your employer will be under a legal obligation to make adjustments if this is the case.

What is included in the risk assessment?

It must cover your workstation and the physical aspects of your work place as well as your working hours and workload. It will include:

• Mental and physical fatigue
• Hours and time of work
• Handling loads
• Movement and posture
• Shock and vibration
• Travelling requirements
• Noise
• Temperature extremes.

Your employer must also identify any physical, chemical or biological risks to your or your baby's health. Common risks include night work or very physical work.

What happens after the risk assessment?

When a risk is identified, your employer must tell you and take action to remove it, or at least minimise its effects. If this isn't possible, your employer must change your working conditions or hours of work to avoid the risk.

If the risk is quite serious and can�??t be removed, you should be offered suitable alternative work on equivalent or better terms and conditions. If not, you should be sent home from work on full pay until the risk is removed.

If you work night shifts in a pub and your GP or midwife has specifically advised that this will put your or your baby�??s health at risk, your employer must take you off night duties. If they can't put you on a suitable daytime shift, you should be suspended on full pay for as long as necessary.

Can I get time off for ante-natal appointments?

You are entitled to paid time off work for antenatal care. Your employer can ask you to avoid making appointments during the working day. But if this isn't possible, they can�??t refuse to let you attend unless they have a good reason. They can ask for proof of appointments, such as an appointment card or a health professional�??s letter.

There is no legal definition of antenatal care. It can include medical consultations with a GP, midwife or at hospital. It can even include parenting and relaxation classes, providing this on the advice of your GP or midwife.

What are my rights if I am breastfeeding?

Your employer will have to carry out a further risk assessment if you provide them with a written notification that you are breastfeeding.

Your employer must provide a rest place at work for you if you are pregnant or breastfeeding. There should also be a private, clean and safe place with a fridge if you want to express milk.

What can I do if I think I have been discriminated against because I am pregnant or breastfeeding?

The law relating to pregnant women, new mothers returning to work and breastfeeding at work is complicated and you should take legal advice if you think you have been discriminated against. Cases might include:

• dismissal because you are pregnant, on maternity leave or a new mother
• failure by your employer to conduct a risk assessment or deal with a hazard
• being overlooked for a pay rise or bonus because you are suspended on health and safety grounds
• not being offered suitable alternative work
• dismissal because you are entitled to a medical suspension from work
• being prevented from attending antenatal appointments or having to take unpaid leave to do so.