It has been held that a failure to conduct an appropriate risk assessment for a breastfeeding employee is sex discrimination.
The Claimant was a nurse working in a hospital’s accident and emergency unit. She claimed sex discrimination as her employer’s risk assessment for her as a breastfeeding worker had concluded without explanation that her work place was risk fee. She made a request to change her working pattern on account of breastfeeding and this was declined by her employers. She alleged that the risk assessment did not cover measures to improve health and safety for pregnant and breastfeeding workers.
It was held that if a breastfeeding mother can show that a risk assessment was substandard or if a risk assessment was never undertaken, it gives rise to a case of discrimination.
Employment legislation is always changing and therefore it is advisable to update your policies and procedures annually including your risk assessments.
At FTA Law we can offer an annual health and safety audit for a fixed fee.
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