Good and bad practice case studies
HSE considers it good practice for employers to have a Maternity
Policy that not only covers health and safety issues but also other
maternity issues such as leave and pay.
Good practice
Health care worker
- A care worker notified her employer of her pregnancy. The
employer looked back at the outcome of the initial risk assessment,
which had identified that a possible risk for pregnant women was
exposure to acts of violence (eg difficut patients). The employer
then conducted a specific risk assessment for the pregnant worker,
who dealt with patients who were difficult and on occasion violent.
As a result the employer offered the care worker suitable
alternative work at the same salary and reviewed the assessment at
regular intervals. The employee accepted the alternative work and
had a risk free pregnancy. Following her maternity leave the
employee returned to work.
Office worker
- An office worker notified her employer of her pregnancy. The
employer hired an occupational health professional consultant to
conduct a specific risk assessment. The consultant identified that
there were problems with the pregnant worker's hours and
workload, as well as certain physical aspects of her workstation.
The employer adjusted the workstation as advised and reduced the
employee's workload so that she was able to continue to work
the same hours at the same rate of pay. The employer monitored and
reviewed the assessment at regular intervals throughout the
employee's pregnancy. The employee had a risk free pregnancy
and returned to work at the end of her maternity leave.
Bad practice
Sales worker
- The following example of bad practice illustrates the importance
of employers taking the correct action and what the possible
consequences can be if they fail to meet health and safety
legislation. Further outcomes of Employment Tribunal cases can be
found on the Equal Opportunities Commision's website
- On notifying her employer of pregnancy, a sales worker was given
extra work and put under pressure to exceed her sales targets prior
to going on maternity leave. The pregnant worker suffered a
miscarriage and was signed off from work due to stress.
- The employer was taken to an Employment Tribunal where the
judgement found that they were in breach of health and safety
legislation for not conducting a specific risk assessment. They
were also found to be in breach of the Sex Discrimination Act and
the Employment Rights Acts.
- Much time and expense could have been saved if the employer had
conducted a risk assessment.
New Mother
- A female employee was told by her employer that she should use
the toilets to express breastmilk for her baby. Using toilets for
this purpose is totally unsuitable and unhygenic. Employers are
required to provide suitable rest facilities for pregnant and
breastfeeding mothers to rest. HSE recommends that is is good
practice to provide a private, healthy and safe environment for
nursing mothers to express and store milk.
