The Court of Appeal has given permission to appeal in a case where an employee
is seeking to argue that her employer's repeated failure to carry out a risk
assessment in relation to her pregnancy constituted a breach of the implied
term of trust and confidence sufficient to entitle her to resign and claim
constructive dismissal. The case, Bunning v G T Bunning & Sons Ltd was
brought by a welder who considered it no longer safe for her to continue to
work in the workshop and no adequate risk assessment was carried out. Employers
are obliged to undertake risk assessments in respect of pregnant employees
in accordance with Regulation 16 of the Management Health & Safety Work
Regulations 1999.

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