Management of Health and Safety at Work Regulations 1999 reg.18 – Notification by new or expectant mothers

18.—(1) Nothing in paragraph (2) or (3) of regulation 16 shall require the employer to take any action in relation to an employee until she has notified the employer in writing that she is pregnant, has given birth within the previous six months, or is breastfeeding.

(2) Nothing in paragraph (2) or (3) of regulation 16 or in regulation 17 shall require the employer to maintain action taken in relation to an employee—

(a)in a case—

(i)to which regulation 16(2) or (3) relates; and

(ii)where the employee has notified her employer that she is pregnant, where she has failed, within a reasonable time of being requested to do so in writing by her employer, to produce for the employer’s inspection a certificate from a registered medical practitioner or a registered midwife showing that she is pregnant;

(b)once the employer knows that she is no longer a new or expectant mother; or

(c)if the employer cannot establish whether she remains a new or expectant mother.

Definitions used in regulation 18 2

given birth: “given birth" means delivered a living child or, after twenty-four weeks of pregnancy, a stillborn child;
Defined in reg.1 · see it in the full Regulations
new or expectant mother: “new or expectant mother" means an employee who is pregnant; who has given birth within the previous six months; or who is breastfeeding;
Defined in reg.1 · see it in the full Regulations

Cases considering regulation 18 3

The Kilmarnock Football Club Ltd v Ross

[2014] UKEAT 0031_13_2602 · 28 May 2014

Written notification of pregnancy was required before the employer was obliged to take individual action under the protective provisions. The claimant gave no such written notification before leaving work; in any event, the employer then believed that she had resigned. (see para [12])

Madarassy v Nomura International Plc

[2007] EWCA Civ 33 · 26 January 2007Defines

The court noted that written notification is required before the obligations under regulations 16(2) and 16(3) arise, but not before the assessment obligation under regulation 16(1). (see para [132])

Bunning v G T Bunning & Sons Ltd

[2005] EWCA Civ 983 · 27 July 2005Limits

The court confirmed that the obligations in Regulation 16(2) and (3) arose only after the employee had notified the employer in writing of pregnancy, recent childbirth, or breastfeeding. (see para [22])

What each judgment says about regulation 18 is in the case-law panel in the full Regulations.