Breastfeeding at work

The Equality Act 2010 states expressly that it is discrimination to treat a woman unfavourably because she is breastfeeding. There is no express statutory right to time off work to breastfeed but employers have a statutory obligation to look after the health, safety and welfare of their workforce. There are also rights to request flexible working (see page 244).

HSE guidance for new and expectant mothers reminds employers that they are legally required to provide a place for pregnant and breastfeeding mothers to rest, and that where necessary, this should include somewhere to lie down. There is no statutory obligation on employers to provide facilities for expressing and storing milk but the HSE advises that any facilities should be private, healthy and safe and that “it is not suitable for new mothers to use toilets for expressing milk”.

Employers may also need to consider temporary adjustments to working hours for the travel to and from work of pregnant workers.

Under the Agency Workers Regulations 2010, agency workers have the right to use shared facilities provided by the hirer to its permanent workforce, which may include a crèche or mother and baby room (see Chapter 2).