Automation rarely removes physical work evenly. A warehouse robot can take the lifting but leave faster picking targets; a scheduling engine can move people onto nights; a new line can bring different chemicals, noise or standing time. For employees who are pregnant, have recently given birth or are breastfeeding, the Management of Health and Safety at Work Regulations 1999 and the Employment Rights Act 1996 set out a sequence the employer must follow. This page sets it out for employers and employees in Great Britain.
The short answer: where women of child-bearing age work in the business and the work could involve risk to a new or expectant mother or her baby, the general risk assessment must include that risk (reg 16(1)). Once an employee has notified in writing, the employer must, if other measures would not avoid the risk, alter her working conditions or hours if reasonable; if that is not reasonable or would not avoid the risk, offer suitable alternative work; and failing that, suspend her with pay (reg 16(2) and (3); ERA 1996, s67; s68). A separate right covers other workers suspended under listed health rules: see suspension on medical grounds.
The risk assessment
Where the persons working in an undertaking include women of child-bearing age, and the work is of a kind which could involve risk, by reason of her condition, to the health and safety of a new or expectant mother or her baby, from any processes or working conditions, or physical, biological or chemical agents, the assessment required by regulation 3(1) must also include an assessment of that risk (reg 16(1)). This applies to the workforce as a whole, before anyone is pregnant. When a new system changes processes or working conditions, the assessment should be reviewed to cover it. For the general duty, see AI, automation and health and safety.
The steps for an individual employee
- Notification: the employer need not take the individual steps until she has notified it in writing that she is pregnant, has given birth within the previous six months, or is breastfeeding (reg 18(1)). The employer may ask in writing for a certificate from a registered medical practitioner or registered midwife showing that she is pregnant (reg 18(2)(a)).
- Alter conditions or hours: if the other action the employer must take would not avoid the risk, the employer must, if it is reasonable to do so and would avoid the risk, alter her working conditions or hours of work (reg 16(2)). Lower pick rates, more breaks, removing a task or changing a shift pattern are examples.
- Offer suitable alternative work: before being suspended, she has a right to be offered suitable alternative work if the employer has it available. It must be suitable for her and appropriate in the circumstances, and on terms not substantially less favourable (s67).
- Suspend on pay: if altering conditions or hours is not reasonable or would not avoid the risk, the employer must suspend her for as long as necessary (reg 16(3)). She is entitled to be paid while suspended on maternity grounds, unless she unreasonably refuses suitable alternative work offered to her (s68; s66 defines the suspension).
Night work
Where a new or expectant mother works at night and a certificate from a registered medical practitioner or registered midwife shows that it is necessary for her health or safety not to be at work for a period of that night work, the employer must, subject to the right to an offer of alternative work, suspend her for as long as necessary (reg 17). This matters when shift optimisation software moves people to nights.
Practical steps
- Employers: include new and expectant mothers in the risk assessment for any automation change, not only after someone tells you she is pregnant. Make sure targets, rotas and task allocation set by software can be overridden for an individual, and record what you changed.
- Employees: notify in writing so the duties apply (for time off for appointments, see antenatal time off), and ask to see how the risk assessment covers your tasks, pace and shifts. If a scoring tool then counts adjustments or absence against you, see pregnancy and maternity detriment.
For protection when raising a safety concern, see raising safety concerns about AI and robots. These provisions extend to England, Wales and Scotland. This page is general information on the law in Great Britain as at 1 November 2026, not legal or medical advice.
Questions and answers
Does the employer have to assess risks to pregnant workers before anyone is pregnant?
Yes. Where women of child-bearing age work in the undertaking and the work could involve risk to a new or expectant mother or her baby, the general risk assessment must include that risk (Management of Health and Safety at Work Regulations 1999, reg 16(1)).
What if a robot or software target makes my work unsafe while pregnant?
Once you have notified in writing, the employer must alter your conditions or hours if reasonable and that would avoid the risk, otherwise offer suitable alternative work, and failing that suspend you on pay (reg 16(2) and (3); Employment Rights Act 1996, ss67 and 68).
Am I paid if I am suspended?
Yes, you are entitled to be paid while suspended on maternity grounds, unless you unreasonably refuse suitable alternative work the employer offered (s68).
Can I be taken off night shifts?
If a certificate from a doctor or registered midwife shows it is necessary for your health or safety, the employer must suspend you from that night work for as long as necessary, subject to offering suitable alternative work (reg 17).