More than 30 organisations, collectively called the Breastfeeding Manifesto Coalition, began lobbying the Government last month to allow mothers to breastfeed in public places, including the workplace and to legislate for breastfeeding breaks.
Breastfeeding is cited as having many health advantages including significantly lowering the risk of infections, obesity and diabetes in the breastfed child as well as improving a breastfeeding women’s protection from breast cancer.
The World Health Organisation recommends exclusively breastfeeding for 6 months. According to The Manifesto 9 out 10 women stop breastfeeding after 6 weeks even though they would have liked to continue. The most common reason for these women stopping breastfeeding is their return to work.
This follows last year’s Parliamentary defeat of the Breastfeeding Bill which sought to make it explicitly illegal to discriminate against female employees who want to breastfeed in public and workplaces. The Bill also sought to develop employer’s awareness of the needs of employees who return to work after maternity leave.
Health and Safety Regulations currently require employers to provide suitable facilities to rest and adequate meal and rest breaks for breastfeeding mothers. Law does not require employers to provide facilities to actually breastfeed or store milk but guidance (usually supported by Employment Tribunals) suggests employers should.
If an employer fails to allow a breastfeeding woman the flexibility required to breastfeed or express milk, this may be indirectly discriminatory unless the employer can justify its policy objectively.
Other countries in Europe already provide breastfeeding breaks for women at work and it is likely to continue to be a hot topic. Maybe those now redundant old smoking rooms could be aired and given a new purpose? Before refusing an employee the facilities or flexibility she needs to breastfeed, we suggest you seek advice to ensure you are not acting in a discriminatory manner.
Contact the Follett Stock Employment team in confidence on 01872 241700 to find out more about any employment related issue you may have.
 | Verity Slater | ||
| Associate | |||
| DDI: 01872 247284 | |||
 Email Verity |
 | Charlotte Brannigan | ||
| Trainee Solicitor | |||
| DDI: 01872 245965 | |||
| Email Charlotte |
