Supporting breastfeeding in the workplace ensures compliance with UK laws and regulations regarding maternity and breastfeeding rights. In this guide we cover some of the key employer legal obligations.
The Health and Safety Executive (HSE) Guidance
The HSE1 states that breastfeeding employees must (a legal obligation) be provided with a place to rest, which should include a place to lie down if needed and a hygienic and private space to express milk if they choose to do so and somewhere to store expressed milk (such as a fridge). Toilets are specifically mentioned as being unsuitable.
The HSE Guidance also states that employers must carry out an individual risk assessment covering specific needs when informed in writing by an employee about a pregnancy or breastfeeding or that they have given birth in the last six months. Employers have a duty to ensure returning employees return to a ‘healthy, safe and stable environment’. This risk assessment should be regularly reviewed.
The HSE focuses on risks2 relating to posture and position, working condition, physical injury and harmful substances and ensuring that could be passed through to the child during breastfeeding and ensuring personal protective equipment is safe and comfortable (e.g. avoiding tight clothing). It does not, however, explicitly mention risks to physical health specific to breastfeeding such as engorgement (breasts becoming full) or mastitis (inflammation of the breast tissues), changes to milk supply, fatigue related to increased overnight feeding, or factors that may impact time for proper nutrition and hydration (which are important for breastfeeding mothers).
If the risk assessment identifies a significant risk that puts the employee and / or child at risk of harm then the employer must adjust the employee’s working conditions to remove / control the risk<sup3. If this is not possible then the employer must provide the employee with alternative work or suspend employees on full pay, for as long as is necessary to protect them and their child’s health and safety. We provide more details on risk assessments, common risks and what might be covered in a risk assessment in Employer Guide 7.
Right to Request Flexible Working
The right to request flexible working4 is relevant to breastfeeding employees, since flexible working may help facilitate the balancing of breastfeeding and paid work. We discuss how flexible working may help support breastfeeding employees in Employer Guide 4. However, the ability to offer flexibility may vary across organisations and job roles, and we discuss this among common challenges in Employer Guide 5.
Protection Against Indirect Sex Discrimination and Harassment
Employers have a key role in supporting mothers who return to work while continuing to breastfeed. Providing appropriate support is beneficial for employee wellbeing and retention. It also ensure compliance with relevant legal obligations. Through the equality act breastfeeding employees are protected against indirect sex discrimination and harassment.
Recent employment tribunal cases have highlighted the importance of responding sensitively and appropriately to the needs of breastfeeding employees. For example, In a case involving two cabin crew members, an employment tribunal found that EasyJet had indirectly discriminated on the basis of sex and breached health and safety obligations by not offering more flexible rosters to accommodate breastfeeding. Although the company had offered temporary ground duties, the tribunal determined that appropriate support should be ongoing for as long as breastfeeding continues. A teacher in West Yorkshire won her case after being left with no option but to express milk in unsuitable places, including school toilets and the car park. Despite her repeated requests, no proper space was provided, and the tribunal found she had experienced harassment related to sex.
