This is a preview. To continue reading, register for free access now. Register now or Log in

Sex discrimination: Failure to carry out risk assessment for pregnant woman is discrimination

  • expand disabled

    Hardman v Mallon t/a Orchard Lodge Nursing Home [2002] IRLR 516 EAT (0 other reports)

Key points

  • In Hardman v Mallon, t/a Orchard Lodge Nursing Home [2002] IRLR 516, 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.