Pregnancy and risk assessments

Case 7: The facts

When Suzanne Bunning became pregnant her employer carried out a risk assessment claiming that her welding job was not high-risk. Following a miscarriage Bunning argued that the company had discriminated against her by not taking steps to avoid any health risks by offering alternative work.

The ruling

The EAT upheld Bunning's claim. It argued that the requirement that she return to her old job or to another medium- risk job amounted to a detriment for the purpose of the Sex Discrimination Act and also that it was capable of amounting to a breach of contract.

* Bunning v Bunning EAT/0136/03