E043:03 24 March 2002

NEW GUIDANCE TO HELP PREGNANT WOMEN AT WORK

New guidance, to help protect the health and safety of new or expectant mothers at work, has been published today by the Health and Safety Executive (HSE), supported by the Equal Opportunities Commission (EOC) and the Maternity Alliance.

A guide for new and expectant mothers who work, aims to answer some of the questions employees may have about continuing to work while pregnant and returning to work after the birth. New and Expectant Mothers at Work - A guide for health professionals, highlights the importance of health professionals' role in helping to protect these women.

Employers have a legal responsibility to protect their female employees from hazards and risks in the workplace and to assess possible risks to new and expectant mothers. If risks are identified then the new or expectant mother is entitled to a change in working conditions, be offered suitable alternative work, or if that's not possible suspended from work on full paid leave for as long as necessary.

Launching the two guides at the Sheffield Occupational Health Advisory Services national conference for midwives and GPs, HSE's head of health management unit, Colleen Bowen, said: "It is important that women employees inform their employers that they are pregnant or breastfeeding as early as possible. This is because employers are not required to take any specific action until they have received written notification.

"Health professionals, in particular GPs and midwives, play a vital role during a woman's pregnancy and following the birth of her child. It is important, therefore, that they are aware of employers' responsibilities. Where ill health is detected, it is important to investigate whether her work is a contributing factor, and provide advice to her employer on how to solve the problem rather than signing her off sick."

Being pregnant or a new mother does not prevent women from working and developing their career. Every year around 350,000 women continue to work during their pregnancy and of these 69% return to work soon after giving birth.

EOC statistics found that in 2001, out of 1,434 potential tribunal cases involving pregnancy maternity related discrimination, 1,387 involved some breach of health and safety legislation. Figures from Equal Opportunities Review, a legal journal, show that the employers increasingly have to pay higher awards in sex discrimination cases and the average compensation payout for a case involving dismissal due to pregnancy is £9,871. However there is no limit to how much companies could be ordered to pay in compensation.

Julie Mellor, Chair of EOC, said: "It is unbelievable that today in 2003 the EOC gets most of its calls from women with questions relating to pregnancy and maternity discrimination. Often problems arise when employers are uninformed or confused about their legal duties to pregnant employees or new mums. These new leaflets are vital as they arm new and expectant mothers with knowledge and confidence to speak to their employer and address any issues quickly. They also help healthcare professionals to support women with specific problems which may or may not be related to their working environment."

Christine Gowdridge, director of the Maternity Alliance, added: "A better understanding of the health and safety laws protecting pregnant women and new mothers can help health professionals to protect the health and well-being of mothers and of course their babies. And it could lead to fewer women losing out financially at a time when they need it the most. That's why the HSE's new guidance is important in raising the awareness of health professionals and of pregnant women on employers' responsibilities."

Notes To Editors

1. The term 'new and expectant mothers' covers women who are pregnant, have given birth in the last six months or are breastfeeding.

2. A guide for new and expectant mothers who work, strongly supported by the Equal Opportunities Commission and the Maternity Alliance, aims to answer some of the questions new and expectant mothers may have about continuing to work while pregnant or returning to work after giving birth.

3. New and Expectant Mothers at Work - A guide for health professionals, advises health professionals on the role of the employer in protecting the health and safety of new and expectant mothers and their children. It also provides guidelines on what input they can have in ensuring that the most appropriate advice/action is provided based on the health of the woman.

4. Both guides support New and expectant mothers at work - A guide for employers, published in December.

5. New and Expectant Mothers at Work - A guide for health professionals will only be available to download from the HSE website at: http://www.hse.gov.uk/pubns/indg373hp.pdf. Limited copies of the guide are available by contacting Angela Wearne at HSE on 020 7717 6225.

6. Employer requirements are made under Regulations 3, 16, 17, and 18 of the Management of Health and Safety at Work Regulations 1999.

7. If health professionals find that work has caused or contributed to the ill health they can provide written advice, using a Med 3 statement. The employee can then give this to her employer who is required to take the advice into account when conducting a risk assessment.

8. Number of complaints received and investigations initiated by HSE in the last five years.

1997/1998

1998/1999

1999/2000

2000/2001

2001/2002

TOTAL

HSE's enforcement policy adopts a risk-based approach and inspection activity is often concerned with offering advice rather than taking formal action. Complaints made to HSE are checked for validity and in the main followed-up by writing to employers providing advice on what action they are required to take. In the cases on maternity issues, further action was deemed unnecessary as employers followed advice given. Improvement notices or prosecutions are only likely to be considered in cases where there is a significant risk, a willful disregard for established standards or persistent poor compliance with the law.

9. Attached at annex one are some examples, provided by the EOC, of bad working practices by employers after learning that one of their employees was pregnant. The EOC helpline is 08456 015901.

10. Compensation payouts awarded, compiled by the Equal Opportunities Review (EOR no 108/Aug 02)

AVERAGE AWARD FOR DISMISSAL DUE TO PREGNANCY

AVERAGE AWARD FOR INJURY TO FEELINGS IN SEX DISCRIMINATION CASES

RANGE OF AWARDS FOR AGGRAVATED DAMAGES IN SEX DISCRIMINATION CASES

AWARDS FOR PERSONAL INJURY IN SEX DISCRIMINATION CASES

There is no statutory limit on the total amount of compensation under the Sex Discrimination Act. The majority of cases are settled out of court. Details of the Sex Discrimination Act and Employment Rights Act - can be found on the internet at: http://www.eoc.org.uk/cseng/advice/pregnancy_and_maternity__the_law.asp

11. DTI statistics on new and expectant mothers at work.

APPROXIMATE NUMBER OF PREGNANT WOMEN WORKING PER YEAR

350,000

APPROXIMATE NUMBER OF WOMEN WHO RETURN TO WORK AFTER GIVING BIRTH

240,000

PERCENTAGE OF WOMEN WHO RETURNED TO WORK

69%

RECRUITMENT AND TRAINING COSTS PER VACANCY

£3,500

RECRUITMENT SAVING COSTS IF NUMBER OF MOTHERS RETURNING TO WORK INCREASED BY 10 PER CENT

£39M

Work and Parents: Competitiveness and Choice - Research and Analysis (November 2000) available at: http://www2.dti.gov.uk/er/research.pdf.

Copies of A guide for new and expectant mothers who work,INDG373, ISBN 07176 2614 8, can be ordered online free of charge and copies of New and expectant mothers at work - A guide for employers HSG122, ISBN 07176 25834, price £9.50 can be ordered online at: http://www.hsebooks.com or are available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 2WA, tel: 01787-881165 or fax: 01787-313995. HSE priced publications are also available from all good bookshops.

PUBLIC ENQUIRIES:

Call HSE's InfoLine, tel: 0845 345 0055, visit http://www.hse.gov.uk/contact, or write to: HSE Information Services, Caerphilly Business Park, Caerphilly CF83 3GG.

PRESS ENQUIRIES AND INTERVIEW REQUESTS REGARDING THIS PRESS RELEASE:

Journalists only:
HSE: 020 7717 6902
EOC: 020 7222 0004
Maternity Alliance: 020 7490 7639 x129
For press review copies telephone 020 7717 6904.