Breastfeeding at Work Guidance for Employers

Returning to work after maternity leave can be a challenging transition, particularly for mothers who are breastfeeding or expressing milk. Breastfeeding at work refers to the arrangements and support provided to employees who wish to continue breastfeeding after returning from maternity leave. In the UK, employers have legal obligations to ensure breastfeeding employees are treated fairly and provided with appropriate facilities and adjustments. Employers who prioritise support for breastfeeding mothers can build loyalty, enhance morale and demonstrate their commitment to workplace equality.

Under the Equality Act 2010, breastfeeding employees are protected from discrimination and harassment. Additionally, the Workplace (Health, Safety and Welfare) Regulations 1992 require employers to provide suitable rest facilities for breastfeeding or expressing milk. Employers must also conduct risk assessments under the Management of Health and Safety at Work Regulations 1999 to ensure the workplace is safe for breastfeeding employees, particularly if they are exposed to hazardous substances or physically demanding tasks.

In this article, we will explore the various considerations for employers when addressing breastfeeding requests from employees. We will delve into the legal framework surrounding breastfeeding accommodations, discuss best practices for creating a supportive breastfeeding environment, and provide practical tips for employers to effectively handle breastfeeding requests.

 

What does the law say?

 

In the UK, breastfeeding mothers are protected under several key pieces of legislation, including the Equality Act 2010, the Health and Safety at Work Act 1974, and the Workplace (Health, Safety and Welfare) Regulations 1992. While breastfeeding itself is not explicitly mentioned in the Equality Act 2010, related issues such as discrimination, harassment, and unfavorable treatment are covered under sex discrimination provisions.

Under these laws, employers have a legal duty to provide:

 

• Health and safety protection: This includes conducting risk assessments for new and expectant mothers, including those who are breastfeeding.
• Flexible working arrangements: Employees have the right to request flexible working to accommodate breastfeeding needs.
• Rest facilities: Employers must provide suitable facilities for breastfeeding employees to rest and express milk.
• Protection from discrimination and harassment: Breastfeeding employees must not be treated less favorably or subjected to offensive comments or behavior.

 

Failure to meet these obligations can result in grievances, tribunal claims, and reputational damage for the employer.

 

How to support breastfeeding employees

 

Breastfeeding helps maintain the wellbeing of the returning employee and can prevent health issues such as mastitis. However, breastfeeding can sometimes be a sensitive topic, and employees may feel uncomfortable discussing it with their employer or manager.

It is good practice for employers to initiate open and supportive conversations with breastfeeding employees about their needs. Employers may consider nominating a designated point of contact, such as a female member of staff or a wellbeing officer, to conduct these discussions if the employee would feel more comfortable.

You will need to strike a balance between the needs of a breastfeeding employee, bearing in mind that it will only be for a temporary period, and any extra support or work their colleagues may have to do to provide necessary cover.

Enabling breastfeeding employees to continue to do so at work can encourage loyalty and demonstrate to other workers, whatever their gender, that you support family-friendly policies. The organisation then benefits from the skills of the breastfeeding employee returning earlier than might otherwise be the case, as well as greater employee morale and retention.

 

Creating the right environment

 

It is good practice to have a breastfeeding at work policy setting out how requests from employees returning after maternity leave for changes to their working conditions will be treated. Having a policy will help you make fair and consistent decisions when handling a request, reducing the risk of claims of sex discrimination or unfair treatment.

If you have such a policy, you should communicate it clearly to all employees. It could form part of your maternity or flexible working policies, or it could be a standalone document.

As with any employee request to temporarily adjust their working conditions to accommodate a personal situation, a request to breastfeed at work should be treated with sensitivity and fairness. Engage with potentially affected employees to explain the business need for these temporary changes and gather feedback on any practical challenges.

If the breastfeeding at work request is approved, you must guard against inappropriate behavior towards the employee. This includes ensuring that facilities are appropriate and preventing any “banter” that the breastfeeding employee may find humiliating or offensive. Such behaviour could amount to unlawful harassment under the Equality Act 2010.

 

Getting your facilities right

 

Under the Workplace (Health, Safety and Welfare) Regulations 1992, employers have a responsibility to provide ‘suitable facilities’ for breastfeeding employees to rest and express milk. The approved Code of Practice specifies that these facilities must be private, clean, and conveniently located, with access to a chair, table, and electrical outlets for breast pumps. Toilets are not considered appropriate facilities.

If required, the facility should also include a place for employees to lie down. Employers must ensure that these provisions align with their duties under the Management of Health and Safety at Work Regulations 1999, which include conducting risk assessments for pregnant and breastfeeding employees. Examples of suitable facilities may include a dedicated breastfeeding room or a quiet rest area equipped with necessary amenities.

 

Fridge and storage

 

For employees who express milk at work, access to a clean and hygienic fridge for storage is essential. Most organisations have staff break areas that contain a fridge, but it is good practice to discuss storage preferences with the employee beforehand. For example, you might provide a resealable container or designate a specific shelf in the fridge for breast milk to ensure hygiene and prevent contamination.

 

Health and safety protection

 

If an employee’s working conditions prevent them from breastfeeding, they may argue that their health or their child’s health is being put at risk. Additionally, some hazardous substances can enter breast milk and pose a risk to the baby. If your organisation works with dangerous substances, you must take steps to make the job safe. If the job cannot be made safe, the employee must be transferred to a suitable alternative role or suspended on full pay.

Under health and safety laws, employers must carry out a specific risk assessment for new and expectant mothers. This includes breastfeeding employees if their work poses a risk to their health or their baby’s health. If the assessment reveals a risk, you must take reasonable steps to remove it or prevent exposure. You must also inform the employee of the risks and the actions taken.

 

Making and considering requests

 

You may first receive an informal request for breastfeeding accommodations during Keeping in Touch (KIT) meetings while the employee is on maternity leave. This provides an opportunity to discuss their needs, consider the request, and prepare for their return to work.

You should make it clear how an employee can formally request temporary changes to their working conditions. The request should ideally include details of the changes required and suggestions for how the business can accommodate them.

 

Considering requests for additional breaks

 

If an employee requests additional breaks to express milk, you must consider the request objectively and reasonably, taking into account the likely impact on your business. Under the Employment Rights Act 1996, breastfeeding employees have the right to reasonable breaks. If you cannot grant additional breaks, consider extending the employee’s usual breaks or allowing them to leave slightly earlier to minimise disruption.

 

Use of flexible working

 

Employees may request flexible working arrangements to accommodate breastfeeding. A temporary change to working arrangements can help both the employer and the employee meet their respective needs. Since breastfeeding arrangements are typically temporary, a permanent change to the employment contract is usually not necessary.

Employers may find it useful to include breastfeeding needs in their flexible working policy. This can help ensure that requests are handled objectively, fairly, and consistently. If you decline a request, you should provide clear business reasons for the refusal.

 

Supporting breastfeeding mothers at work

 

Providing support for breastfeeding employees is a vital part of creating an inclusive and respectful workplace. Employers can achieve this by understanding the unique needs of breastfeeding mothers, offering flexibility, and ensuring that appropriate facilities are available. Effective support not only meets legal obligations but also fosters employee loyalty and wellbeing, enhancing overall workplace morale.

Regular reviews are an important way to ensure that arrangements for breastfeeding employees are effective and remain appropriate over time. These reviews should be conducted in a supportive and non-pressurised manner, focusing on the employee’s wellbeing and any adjustments that might be necessary as their circumstances evolve. For example, an employee may need more frequent breaks during the early months of breastfeeding or adjustments as their breastfeeding schedule changes. Avoid imposing arbitrary time limits on breastfeeding arrangements, as this could lead to unnecessary stress or feelings of exclusion for the employee.

Refusing to allow a breastfeeding employee reasonable adjustments to express milk or denying their requests outright could amount to unlawful discrimination under the Equality Act 2010. Employers must ensure they handle these requests objectively and considerately. If it is genuinely impossible to accommodate a request without causing an unacceptable impact on the business, the situation is less likely to result in an indirect sex discrimination claim. However, employers must clearly document their reasoning and demonstrate efforts to find alternative solutions.

Breastfeeding-related requests should be treated with the same care as any other request for temporary changes to working conditions. A fair and consistent approach ensures employees feel valued and prevents claims of unfair treatment. Encourage open communication, where employees feel comfortable discussing their needs without fear of judgement.

 

Need assistance?

 

DavidsonMorris’ employment lawyers can help with all aspects of workforce management, including supporting employees returning to work after maternity leave. Working closely with our specialists in HR, we can advise on positive steps to support employee wellbeing and equality in your organisation, while minimising the legal risk of discrimination claims. For help and advice, speak to our experts.

 

Breastfeeding at work FAQs

 

What are the legal requirements for supporting breastfeeding employees?

Employers must comply with the Equality Act 2010, which protects employees from discrimination and harassment, and the Workplace (Health, Safety and Welfare) Regulations 1992, which require suitable rest facilities for breastfeeding or expressing milk. Risk assessments under the Management of Health and Safety at Work Regulations 1999 are also required to ensure the workplace is safe for breastfeeding employees.

 

What facilities must employers provide for breastfeeding employees?

Employers must provide a private, clean, and comfortable space for breastfeeding or expressing milk. This should include a chair, table, and access to electrical outlets. Toilets or sick rooms are not considered suitable due to hygiene concerns.

 

Can breastfeeding employees request flexible working arrangements?

Employees have the right to request flexible working from their first day of employment. This could include adjusted start and finish times or additional breaks to accommodate breastfeeding needs.

 

What should employers do if a role involves hazardous substances?

If a role poses a risk to a breastfeeding employee or their baby, employers must take steps to remove or reduce the risk. If this is not possible, the employee should be offered a suitable alternative role or suspended on full pay.

 

How should employers handle requests for breastfeeding accommodations?

Employers should treat requests fairly and sensitively, considering the employee’s needs and the impact on the business. Clear policies and open communication can help ensure requests are handled consistently and without discrimination.

 

Can employers refuse a request for breastfeeding accommodations?

Employers can refuse a request if it would have an unacceptable impact on the business. However, they must provide clear reasons for the refusal and ensure the decision does not amount to indirect sex discrimination.

 

What are the benefits of supporting breastfeeding employees?

Supporting breastfeeding employees can improve morale, encourage loyalty, and demonstrate a commitment to family-friendly policies. It also helps employers retain skilled staff and create an inclusive workplace culture.

 

How can employers prevent harassment related to breastfeeding?

Employers should have clear policies in place to address discrimination and harassment. Training for staff and managers can help foster a respectful and supportive workplace environment.

 

Glossary

 

 

Term	Definition
Breastfeeding at Work	The practice of supporting employees who are breastfeeding, by providing time and facilities to express milk during work hours.
Equality Act 2010	UK legislation that protects employees from discrimination, including pregnancy and maternity-related discrimination.
Health and Safety at Work Act 1974	Legislation requiring employers to ensure a safe working environment, including specific considerations for breastfeeding employees.
Rest Facilities	A clean, private, and safe area provided by employers for breastfeeding employees to express milk or rest. Toilets are not considered appropriate for this purpose.
Flexible Working	Adjustments to working hours or patterns to accommodate the needs of breastfeeding employees, such as breaks for expressing milk.
Maternity Leave	Statutory leave entitlement for employees who have given birth, lasting up to 52 weeks, during which they may choose to breastfeed or express milk.
Expressing Milk	The act of using a breast pump or manual technique to extract breast milk for storage and later feeding.
Reasonable Adjustments	Changes or accommodations made by an employer to support breastfeeding employees, such as providing breaks or a private space.
Workplace Risk Assessment	A legal requirement for employers to assess and manage risks to the health and safety of breastfeeding employees.
Indirect Discrimination	A practice or policy that disadvantages breastfeeding employees compared to others, which is unlawful unless objectively justified.
Supportive Workplace Culture	A workplace environment that encourages open communication and respect for breastfeeding employees’ needs.
Employee Rights	Legal entitlements for breastfeeding employees, including breaks, a safe environment, and protection from discrimination.
Occupational Health	Workplace services aimed at promoting health and safety, including support for breastfeeding employees.