Maternity Risk Assessment (England & Wales)
England & Wales
Management of Health and Safety at Work Regulations 1999, regs.16–18 | Health and Safety at Work etc. Act 1974 | Employment Rights Act 1996, ss.66–68
PART 1: EMPLOYER AND ASSESSOR DETAILS
Employer: [Employer Name]
Address: [Employer Address], [Employer City], [Employer Postcode]
Assessor: [Assessor Name]
Position: [Assessor Position]
Date of assessment: [Assessment Date]
PART 2: EMPLOYEE DETAILS
Employee name: [Employee Name]
Job title: [Job Title]
Department: [Department]
Line manager: [Line Manager]
Date employer notified of pregnancy: [Notification Date]
Expected due date (EDD): [Expected Due Date]
Approximate weeks pregnant at date of assessment: [Weeks Pregnant] weeks
Note: This assessment has been prepared in accordance with regulation 16 of the Management of Health and Safety at Work Regulations 1999. The employer’s duty to assess risks to new and expectant mothers is triggered by written notification of pregnancy and applies throughout the pregnancy, the period following childbirth (up to six months after birth), and any period of breastfeeding.
PART 3: WORKING CONDITIONS
Workplace location / environment: [Workplace Location]
Normal working pattern: [Working Hours]
PART 4: HAZARD IDENTIFICATION (MHSWR 1999, Schedule 1 and reg.16)
Hazards identified in this role:
[Hazards Identified]
Detailed description of each hazard:
[Hazard Details]
Reference: The MHSWR 1999 Schedule 1 lists the following specific hazards to be considered for new and expectant mothers: physical agents (shock, vibration, manual handling, work at height); biological agents (rubella, toxoplasmosis, hepatitis B, HIV, varicella); chemical agents (lead, mercury, antimitotic drugs, carbon monoxide, organic solvents); underground mining work; and work involving a risk of violence. Employers must also consider physical conditions of work (fatigue, mental and physical workload, heat, cold, noise) and working time (night work, shift patterns, long hours).
PART 5: RISK EVALUATION AND CONTROL MEASURES
Overall risk level (before controls): [Risk Level]
Control measures to be implemented:
[Control Measures]
Adjusted duties (if applicable):
[Adjusted Duties]
Note: Control measures follow the hierarchy of control under the MHSWR 1999: (1) eliminate the hazard; (2) substitute with a less hazardous alternative; (3) engineering controls; (4) administrative controls (including adjusted duties or hours); (5) personal protective equipment. The employer must reduce risk to as low a level as is reasonably practicable under the Health and Safety at Work etc. Act 1974 s.2. Pregnancy-related adjustments to duties must not result in a detriment to the employee under s.47C of the Employment Rights Act 1996.
PART 6: WELFARE FACILITIES ASSESSMENT (Workplace (Health, Safety and Welfare) Regulations 1992, reg.25)
- DSE workstation assessment completed: [Workstation Assessment]
- Suitable rest facilities (including ability to lie down) available: [Rest Facilities Available]
- Adequate and accessible toilet facilities available: [Toilet Access Adequate]
- Break arrangements adequate for stage of pregnancy: [Break Frequency Adequate]
Note: Regulation 25 of the Workplace (Health, Safety and Welfare) Regulations 1992 requires employers to provide suitable rest facilities for pregnant workers and nursing mothers, including a rest room or area where the employee can lie down if necessary. This obligation exists independently of the duty to carry out a risk assessment under the MHSWR 1999.
PART 7: SUITABLE ALTERNATIVE WORK AND SUSPENSION (Employment Rights Act 1996, ss.66–68)
Suitable alternative work available: [Alternative Work Available]
Details of alternative work offered: [Alternative Work Details]
PART 8: REVIEW SCHEDULE AND EMPLOYEE ACKNOWLEDGEMENT
This assessment will be reviewed on: [Review Date]
Review frequency: [Review Schedule]
Employee acknowledgement (discussed with employee and opportunity to raise concerns provided): [Employee Acknowledged]
Note: This assessment should be reviewed at any time there is a significant change in the employee’s condition or role, on receipt of medical advice from the employee’s midwife or GP, on the employee’s return from any period of absence, or in any event at least monthly during the third trimester (from week 28 of pregnancy). Under s.47C of the Employment Rights Act 1996, the employer must not subject the employee to any detriment as a result of concerns she raises in connection with her pregnancy or maternity. Under the Equality Act 2010, pregnancy and maternity is a protected characteristic (s.18), and any unfavourable treatment of the employee in connection with her pregnancy constitutes direct discrimination without the need to compare her treatment with that of a non-pregnant employee.
LEGAL FRAMEWORK SUMMARY
- Management of Health and Safety at Work Regulations 1999, regs.16–18: duty to assess and reduce risks to new and expectant mothers; duty to offer alternative work or suspend on pay where risks cannot be adequately controlled.
- Health and Safety at Work etc. Act 1974, s.2: general duty to ensure the health, safety, and welfare of employees so far as is reasonably practicable.
- Workplace (Health, Safety and Welfare) Regulations 1992, reg.25: duty to provide suitable rest facilities for pregnant workers and nursing mothers.
- Employment Rights Act 1996, ss.66–68: right to paid suspension on maternity grounds where adjusted duties or alternative work are unavailable.
- Equality Act 2010, s.18: direct pregnancy and maternity discrimination without need for comparator.
- Working Time Regulations 1998, reg.17: special provisions for night workers, including the right to transfer to day work or be suspended where night work creates a health risk.
- Health and Safety (Display Screen Equipment) Regulations 1992: entitlement to workstation assessment.
CERTIFICATION BY ASSESSOR
I, [Assessor Name] ([Assessor Position]), certify that I have carried out this maternity risk assessment for [Employee Name] on [Assessment Date] in accordance with regulation 16 of the Management of Health and Safety at Work Regulations 1999, that I have discussed the findings with the employee, and that the information recorded is accurate to the best of my knowledge and belief.
Employer: [Employer Name]
Address: [Employer Address], [Employer City], [Employer Postcode]
Assessor
________________
Signature
Date: ________________
Employee (Acknowledgement)
________________
Signature
Date: ________________
What Is a Maternity Risk Assessment (England & Wales)?
A Maternity Risk Assessment in the United Kingdom sets out the standards, responsibilities, and procedures the organisation expects everyone to follow, and is shaped by the Employment Rights Act 1996.
The legal framework governing maternity health and safety in England and Wales brings together several intersecting statutes and regulations. The primary obligations arise under the MHSWR 1999, particularly regulations 16 (risk assessment for new and expectant mothers), 17 (night work obligations), and 18 (certificates from registered medical practitioners or midwives). The Employment Rights Act 1996 (ERA 1996) establishes the employee’s rights once a risk has been identified: s.66 prohibits the employer from requiring a new or expectant mother to undertake work that is prohibited or restricted by relevant health and safety legislation; s.67 requires the employer to offer suitable alternative work where the current role presents a risk; and s.68 entitles the employee to receive her normal pay during any period of suspension on maternity grounds. The Equality Act 2010 adds a further layer of protection, rendering pregnancy and maternity a protected characteristic under s.18 and providing uncapped compensation for any unfavourable treatment connected with the employee’s pregnancy.
Additional obligations arise under the Workplace (Health, Safety and Welfare) Regulations 1992, regulation 25 of which requires employers to provide suitable rest facilities for pregnant workers and nursing mothers, including the facility to lie down if required. The Health and Safety (Display Screen Equipment) Regulations 1992 entitle all DSE users (which includes most office workers) to a workstation assessment, and pregnant employees should have their workstation reassessed as their posture changes during pregnancy. The Working Time Regulations 1998 impose specific rules on night work and give pregnant employees particular protections in relation to the hours they can be required to work. The Health and Safety Executive (HSE) publishes detailed guidance on maternity risk assessments in its leaflet ‘Pregnancy: new and expectant mothers at work’ (EIS42), which should be consulted alongside this assessment.
The legal framework governing the Maternity Risk Assessment (England & Wales) in United Kingdom draws on several key statutes and regulatory bodies. Under the Employment Rights Act 1996, the Employment Tribunal adjudicates workplace disputes. Section 94 of the Employment Rights Act 1996 provides the right not to be unfairly dismissed. The Advisory, Conciliation and Arbitration Service (ACAS) provides early conciliation under Section 18A of the Employment Tribunals Act 1996. The UK GDPR and Data Protection Act 2018 govern personal data handling. HM Revenue and Customs (HMRC) administers PAYE and National Insurance contributions under the Income Tax (Earnings and Pensions) Act 2003. Parties executing a Maternity Risk Assessment (England & Wales) in United Kingdom should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Employment Rights Act 1996 sets the foundational requirements.
When Do You Need a Maternity Risk Assessment (England & Wales)?
A maternity risk assessment is required immediately after an employer receives written notification that an employee is pregnant, has given birth in the previous six months, or is breastfeeding. The MHSWR 1999 does not specify the exact timeframe within which the assessment must be completed, but the requirement to act ‘promptly’ means that the assessment should normally be completed within a few working days of receiving written notification. Where the employee’s role involves significant or immediate risks (such as exposure to harmful chemicals, ionising radiation, biological agents, or significant manual handling), interim precautionary measures should be taken as soon as the employer is notified verbally, even before the written assessment is complete.
The assessment must be reviewed and updated throughout the pregnancy as the employee’s condition changes. HSE guidance recommends monthly reviews during the third trimester (from week 28 of pregnancy), when the physical demands of many tasks become more difficult and the risk of musculoskeletal injury, falls, and fatigue increases significantly. The assessment must also be reviewed immediately whenever there is a material change in the employee’s health or working conditions: for example, if a new hazard is introduced to the workplace, if the employee’s GP or midwife provides new medical advice, if the employee transfers to a different role or location, or if the employee returns from a period of sickness absence with a pregnancy-related condition.
A fresh assessment (or a review of the existing assessment) is also required after childbirth, when the employee returns from maternity leave, if she is breastfeeding, and at any time during the first six months after childbirth when she is still exposed to workplace hazards. Many of the risks associated with pregnancy (such as exposure to biological agents, certain chemicals, and physical demands) continue to be relevant during breastfeeding, and the MHSWR 1999 applies equally to new mothers and breastfeeding employees as to pregnant workers. An employer who fails to carry out or update a maternity risk assessment when required faces regulatory enforcement by the Health and Safety Executive (HSE), civil claims for personal injury, and unlimited compensation claims under the Equality Act 2010.
What to Include in Your Maternity Risk Assessment (England & Wales)
A thorough maternity risk assessment for England and Wales contains eight essential components. The first is the employer and assessor details: the employer’s legal name and address, and the name and position of the assessor. The assessor must be a competent person under regulation 7 MHSWR 1999 — that is, someone with sufficient training, experience, and knowledge to identify hazards and evaluate risks. In larger organisations this will typically be an HR professional, health and safety officer, or occupational health adviser; in smaller businesses the line manager or the employer themselves may be the competent person.
The second component is the employee’s details: name, job title, department, line manager, the date the employer was notified of the pregnancy, the expected due date (EDD), and the approximate number of weeks pregnant at the date of assessment. The third component is the working conditions assessment: a description of the workplace environment, the employee’s normal working pattern, and a specific assessment of whether the role involves night work, which triggers the special obligations under regulation 17 MHSWR 1999.
The fourth component is the hazard identification section, which should address all the categories of hazard listed in Schedule 1 to the MHSWR 1999 (physical, biological, chemical, and other agents and processes) as well as any role-specific hazards identified by the assessor or reported by the employee. The fifth component is the risk evaluation and control measures: an assessment of the overall risk level and a detailed description of the control measures to be implemented, following the hierarchy of control (elimination, substitution, engineering controls, administrative controls, PPE). This section should also record any adjusted duties agreed with the employee.
The sixth component is the welfare facilities assessment: confirmation that DSE workstation assessment has been carried out or offered, that suitable rest facilities (including the ability to lie down) are available under regulation 25 of the Workplace (Health, Safety and Welfare) Regulations 1992, that toilet facilities are adequate, and that break arrangements are appropriate. The seventh component is the alternative work and suspension record: where the risk cannot be controlled by adjusting duties or hours, the assessment must document the alternative work offered under s.67 ERA 1996 or, where no alternative is available, the suspension on full pay under s.68 ERA 1996. The eighth component is the review schedule and the employee’s acknowledgement, confirming that the assessment was discussed with the employee and that she had the opportunity to raise concerns — a critical element of both compliance and good employment practice.
Additional compliance elements for a Maternity Risk Assessment (England & Wales) used in United Kingdom include: Under the Employment Rights Act 1996, the Employment Tribunal adjudicates workplace disputes. Section 94 of the Employment Rights Act 1996 provides the right not to be unfairly dismissed. The Advisory, Conciliation and Arbitration Service (ACAS) provides early conciliation under Section 18A of the Employment Tribunals Act 1996. The UK GDPR and Data Protection Act 2018 govern personal data handling. HM Revenue and Customs (HMRC) administers PAYE and National Insurance contributions under the Income Tax (Earnings and Pensions) Act 2003. Forms-legal.com provides this template as a starting point for United Kingdom-compliant documentation.
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title = {Maternity Risk Assessment (England & Wales) (United Kingdom)},
year = {2026},
howpublished = {\url{https://forms-legal.com/uk/employment/health-safety/maternity-risk-assessment-uk}},
note = {Free legal document template. Based on Employment Rights Act 1996}
}Frequently Asked Questions
The duty to carry out an individual maternity risk assessment in England and Wales arises under regulation 16 of the Management of Health and Safety at Work Regulations 1999 (MHSWR 1999). The obligation is triggered when an employer is notified in writing by an employee that she is pregnant, that she has given birth within the previous six months, or that she is breastfeeding. Oral notification is not sufficient to trigger the statutory obligation under the MHSWR 1999, although good practice requires employers to take immediate interim precautionary measures on verbal notification while awaiting written confirmation. Once notified in writing, the employer must assess the specific risks to that employee from any processes, working conditions, or physical, biological, or chemical agents that could jeopardise her health, safety, or that of her baby. The assessment must be documented. It is not sufficient to rely on the employer’s general risk assessment under regulation 3 MHSWR 1999, which must already include a general assessment of risks to women of childbearing age; an individual assessment tailored to the specific employee’s role and stage of pregnancy is a separate and additional requirement. The duty applies to all employers regardless of size — there is no small employer exemption — and extends to agency workers under the Agency Workers Regulations 2010. Failure to carry out a maternity risk assessment when required exposes the employer to enforcement action by the Health and Safety Executive (HSE) under the Health and Safety at Work etc.
Schedule 1 to the Management of Health and Safety at Work Regulations 1999 (as amended) provides a non-exhaustive list of agents, processes, and working conditions that must be specifically considered when assessing risks to new and expectant mothers. Physical agents that must be assessed include: shocks, vibration or movement (including whole-body vibration and work on vibrating platforms); manual handling of loads posing a risk of injury to the spine or pelvis; ionising radiation; working in compressed-air environments; work at height; and work with display screen equipment (DSE) for prolonged periods. Biological agents to be assessed include: rubella (German measles); toxoplasmosis; hepatitis B; HIV; varicella zoster (chickenpox); enteric bacteria; and other biological hazards of particular risk during pregnancy (such as those encountered in healthcare, laboratory, agricultural, and food processing settings). Chemical agents on Schedule 1 include: lead and its compounds (which are specifically regulated by the Control of Lead at Work Regulations 2002); mercury; antimitotic drugs (including cytotoxic drugs used in chemotherapy); carbon monoxide; chemical agents of known dangerous or teratogenic effects; and organic solvents. Other factors on Schedule 1 include: underground mining work; working with or near compressed air; and agricultural work involving animals.
Where the maternity risk assessment under regulation 16 of the Management of Health and Safety at Work Regulations 1999 identifies a significant risk to a new or expectant mother or her baby, the employer must follow a legally prescribed three-step process in the order specified by regulation 16(3) MHSWR 1999. Step 1 is the adjustment of working conditions or hours. The employer must first consider whether the risk can be avoided by temporarily altering the employee’s working conditions (for example, removing a manual handling task, adjusting workstation ergonomics, avoiding chemical exposure, or modifying shift patterns) or working hours (for example, reducing night work, providing additional breaks, or shortening the working week). This adjustment must be made without loss of pay or contractual benefits; any reduction in pay as a consequence of an adjustment for maternity reasons would constitute a detriment under s.47C of the Employment Rights Act 1996 and potentially a breach of the implied term of mutual trust and confidence. Step 2, which arises only if Step 1 is not reasonably practicable, is the offer of suitable alternative work. The employer must identify and offer suitable alternative work (within the meaning of s.67 ERA 1996) that the employee is capable of doing and which is available on terms and conditions no less favourable than her original role. The employer must make a genuine offer of the alternative work; if it fails to do so and suitable work was available, the employee may claim unlawful suspension under s.70 ERA 1996.
The Equality Act 2010 provides significant protection to pregnant employees and new mothers in the context of workplace risk assessments and health and safety measures. Under s.18 of the Equality Act 2010, pregnancy and maternity is a protected characteristic, and an employer commits direct discrimination if it treats a woman unfavourably because of her pregnancy, a pregnancy-related illness, or the fact that she has recently given birth. Unlike other forms of direct discrimination under the Equality Act 2010, pregnancy and maternity discrimination under s.18 does not require a comparator: the employer’s treatment is assessed against what it would have done in the absence of the pregnancy, not against the treatment of a man or a non-pregnant woman in comparable circumstances. This means that if an employer fails to carry out a risk assessment, delays carrying out an assessment after being notified of a pregnancy, fails to implement the control measures identified in the assessment, treats the pregnant employee differently from non-pregnant colleagues as a result of her pregnancy, or dismisses or disadvantages her because of a pregnancy-related absence or health issue, it will be liable for pregnancy and maternity discrimination under s.18 EA 2010. Compensation for discrimination under the Equality Act 2010 is uncapped and includes an award for injury to feelings under the Vento guidelines (currently between approximately £1,100 and £47,500 depending on the severity of the treatment).
Regulation 17 of the Management of Health and Safety at Work Regulations 1999 imposes specific obligations on employers in relation to night work performed by new and expectant mothers. Where a certificate from a registered medical practitioner or a registered midwife certifies that it is necessary for the health or safety of a pregnant worker, a worker who has recently given birth, or a breastfeeding worker that she should not be at work for any period identified in the certificate, the employer must suspend the employee from night work for that period. Night work is defined as work performed between 23:00 and 06:00. Where the employee’s contract requires her to do night work during any period of her pregnancy or the period following childbirth, and a medical certificate establishes that night work is hazardous to her health or that of her baby, the employer must: first, offer the employee suitable alternative work (work that she is capable of doing, that is available during day hours, and that is on terms no less favourable than her night-work contract) under s.67 of the Employment Rights Act 1996; or, if no such alternative work is available, suspend her on full pay under s.68 ERA 1996. Even in the absence of a medical certificate, good practice and the general duty under s.2 of the Health and Safety at Work etc. Act 1974 require the employer to assess the impact of night work on a pregnant employee and to consider whether adjustments are warranted.
Maternity risk assessments are a form of health and safety record and must be retained in accordance with the requirements of the Management of Health and Safety at Work Regulations 1999, the Health and Safety at Work etc. Act 1974, and the UK GDPR (incorporated in the Data Protection Act 2018). The general principle for health and safety records is that they should be retained for a minimum of three years from the date of the assessment; however, where the assessment relates to an employee who was pregnant, good practice — and the limitation periods under the Limitation Act 1980 for personal injury claims — suggests retention for a minimum of six years after the employee’s return from maternity leave (or longer if the child makes a claim for birth injury, in which case the limitation period runs from the child’s 18th birthday, meaning the employer should retain records for 21 years from the date of assessment in some circumstances). The assessment must be shared with the employee. Under the MHSWR 1999 and the HSE’s guidance, the employer must communicate the findings of the risk assessment to the employee and give her the opportunity to raise concerns or provide additional information about her health and working conditions. The employee is entitled to a copy of the assessment.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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