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- Date:
- 21 February 2003
- Type:
- Employment law cases
In Hardman v Mallon, t/a Orchard Lodge Nursing Home, the EAT holds that a failure to carry out a risk assessment in respect of a pregnant employee as required by the Management of Health and Safety at Work Regulations 1999 amounts to unlawful sex discrimination. This is because carrying out a risk assessment is one of the ways in which a woman's biological condition during and after pregnancy is given special protection.
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- Type:
- FAQs
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- Date:
- 31 December 2000
- Type:
- Employment law cases
In Wells v West Hertfordshire Health Authority (2000) Current Law 2000/2982, it was ruled that, when informed by an employee of a back problem and medical advice that she should avoid demanding physical work, the employer should have carried out a risk assessment of the employee's tasks and in particular the employee's ability to perform them given her medical condition.
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- Type:
- Employment law cases
In Day v T Pickles Farms Ltd, the Employment Appeal Tribunal (EAT) says that an employer should not wait for written notification of an employee's pregnancy before carrying out a risk assessment, and that its failure to carry out an assessment may have caused the employee detriment within the provisions of the Sex Discrimination Act 1975.
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- Date:
- 15 March 1999
- Type:
- Employment law cases
In Day v T Pickles Farms Ltd, the EAT holds that an employer who failed to make an assessment of the risks to the health and safety of a woman of child-bearing age employed in a sandwich shop no later than the date she started working there, and certainly before she became pregnant, could thereby have subjected her to a "detriment" within the meaning of the Sex Discrimination Act 1975.
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- Date:
- 1 January 1981
- Type:
- Employment law cases
In Page v Freight Hire (Tank Haulage) Ltd [1981] IRLR 13 EAT, the EAT held that the employer was protected by the Sex Discrimination Act 1975, section 51(1) because refusing to allow the employee to transport dimethyl formamide was necessary to comply with the employer's duty under the Health and Safety at Work etc Act 1974 and was not an act of excessive caution.