What are the Legal Rights for Breastfeeding at Work?

Some of your employees will have families or children of their own. They might even have a newborn baby to care for. If so, it's your legal obligation to ensure you support them properly, as well as prioritising their Health & Safety.

This includes supporting breastfeeding mothers who have returned to work. If you don't, you could face sex discrimination claims, legal costs and reputational damage.

In this guide, we'll discuss breastfeeding at work, what the discrimination law says, and how you can support a breastfeeding employee.

What is the law on breastfeeding at work?

The Workplace (Health, Safety & Welfare) Regulations 1992 outline that employers are legally required to provide facilities where staff can lie down or express breast milk – if they choose to.

According to the Health and Safety Executive, this includes offering a private room:

• To lie down if they need it. For example, a bed or a couch.
• That's hygienic and clean so they can express milk if they choose to. For instance, a break room - toilets aren't a suitable place.

The room must also offer facilities that they can use. For example, a fridge they can store milk.

What are the rights of breastfeeding mothers?

The Equality Act 2010 states the legal protections and rights of pregnant women and breastfeeding mothers.

Under the law, being pregnant, or being on maternity leave, are protected characteristics. Meaning, any unfavourable treatment pregnant women or new mothers receive because of their characteristic – during their protected period - would be unlawful.

Moreover, the law also makes it a legal requirement for employers to make reasonable adjustments for pregnant or breastfeeding staff. For example, allowing them to take more breaks at work than they did before they were pregnant or breastfeeding.

Do employers have to conduct a risk assessment for breastfeeding women?

It's not a legal requirement for employers to conduct a specific risk assessment for breastfeeding women. But Health & Safety law requires they consider the needs of new and expectant mothers in their workplace risk assessments.

Some industries are more dangerous than others. And may have increased Health & Safety issues. This might include working conditions that expose breastfeeding women to:

• Organic mercury.
• Radioactive material.
• Hazardous substances.

You must eliminate or reduce any direct risks that could affect an employee or their baby's health, whilst they continue breastfeeding.

If you can't improve their working conditions, or prevent harm from occurring to them and - indirectly - their breastfed babies, you should offer them a suitable alternative vacancy. If this is not an option, breastfeeding employees should be suspended from work on full pay.

What types of discrimination can a breastfeeding employee face?

To prevent discrimination from occurring in your workplace, you should be aware of the different types your breastfeeding employees could face. These are:

Maternity discrimination

Maternity discrimination is when an individual treats another unfairly because they are pregnant, have recently given birth, or breastfeeding.

For example, a breastfeeding mother might be a victim of sex discrimination, if an employer dismisses them when they return from maternity leave.

If the employee can provide evidence to suggest the employer dismissed them because of their maternity, they could make a claim for maternity discrimination.

Indirect sex discrimination

Indirect sex discrimination is when a workplace enforces a policy or practice on everyone - but it affects a specific sex less favourably. Let's look at this in the context of women breastfeeding at work.

For example, a business has a set working pattern that applies to all employees. A breastfeeding employee requests flexible working hours so they can continue breastfeeding or bottle feeding - but the employer refuses.

If the staff member can prove you refused to accommodate them, they could claim indirect sex discrimination at an employment tribunal. But, the act is not unlawful if it can be objectively justified.

How to support breastfeeding mothers at work

Your breastfeeding employees might be eager to return to your company after their leave - whilst combining their breastfeeding with workplace responsibilities.

Ensure you support them during this time by:

Performing a risk assessment

Once your employee makes you aware they are breastfeeding, you should perform a risk assessment. Risk assessments are always good practice for employers to perform if the circumstances of their staff change.

They can identify specific risks in your company - such as hazardous equipment or exposure to a dangerous substance.

Therefore, making you aware of any safety protection your breastfeeding staff might need. Or, if you need to make a temporary change to their role. If you're in doubt about what constitutes a hazard, seek advice from a HR professional or competent person.

Providing breastfeeding breaks

One way you must support mothers in your workplace is to provide breastfeeding breaks. These are in addition to their contractual rest entitlement - such as their lunch hour.

This must be a reasonable break time that gives the employee an opportunity to express milk - in a hygienic and private place.

The break room should also contain a fridge that they can store expressed breast milk.

Implementing flexible working hours

Another way you can support breastfeeding staff members is by implementing flexible and remote working. This gives employees the chance to work when suits them - or work from home.

Any employee who has been working for you for at least 26 weeks can request flexible working hours. But having a policy in place that makes it available to all staff ensures everyone can benefit. Especially if their circumstances change - for example, if they have a newborn baby.

For mothers who have continued breastfeeding, flexible working gives them a greater sense of control over their lives. It can also provide benefits such as a better work life balance, and increased engagement.

Providing suitable facilities and working conditions

You should ensure you provide suitable facilities for breastfeeding mothers in your workplace. As previously mentioned, this must include a break room and a fridge for expressed milk.

Not only is it a legal obligation to maintain a safe environment for them, but it will help you build a better rapport.

Ensure your employee can perform their duties as usual without it posing a Health & Safety risk. If not, you should make temporary changes to their role, or offer them an alternative position.

Having one to ones with new and expectant mothers

Once your employee tells you they are pregnant - and especially when they return from maternity leave, organise frequent catch ups with them. These should be private and away from their work station.

This will create a safe space for them to open up to you about any issues they could be having. Not to mention, it could help them feel more comfortable when it comes to asking for adjustments.

Ultimately, it can help build a better rapport between you and your breastfeeding employee.

Get expert advice on breastfeeding at work from Peninsula

You should support new and expectant mothers in your workplace. This includes listening to their breastfeeding needs and offering breastfeeding breaks, as well as providing suitable facilities and following the law.

Otherwise, you might risk breaking sex discrimination laws. As a result, staff might claim discrimination to an employment tribunal. Consequently, your business could face legal costs, reputational damage, and even closure.

Peninsula offers you expert 24/7 HR advice and support, to help you support breastfeeding employees in the workplace. As well as advising you on their legal rights and your legal obligations as an employer. Contact us today on 0800 0282 420.