National Breastfeeding Week
This year, England’s National Breastfeeding Week runs from 20 – 26th June and it is run by Public Health England. We have chosen to focus our attention on this from an employment perspective as employers have a critical role to play in offering support and encouragement to breastfeeding mothers.
Breastfeeding needs to be seen as a normal part of daily life and mothers need to be able to breastfeed or express milk, including in the workplace, without worry or obstacles. From a broader perspective, there is a long way to go, be that in respect of obtaining ongoing sufficient data to measure effectiveness of improving measures or ensuring sufficient community resources. However, as an employer you can certainly make positive changes towards the promotion, protection and support of breastfeeding in the workplace.
There is no statutory right to time off work for breastfeeding. There is also no legislation which requires the provision of facilities for breastfeeding itself. However, employers should ensure that they put themselves in a position whereby they are able to provide basic breastfeeding support. From a practical perspective, this could, amongst other things, involve reviewing work processes, updating facilities and resources and trying to accommodate employees who wish to take time off to breastfeed, including considering a temporary part time return to work. It is also important for employers to speak to mothers returning from maternity leave about where and when they can express milk. All employers should carry out a general workplace risk assessment including a specific risk assessment of risks to new mothers arising from any processes, working conditions and biological and chemical agents (where applicable).
As with anything, there is a risk for employers of failing to address matters appropriately. Some of the important considerations include:
- Health and safety – whilst there are few direct risks, it can be detrimental for both mother and baby if a mother does not breastfeed until her baby is at least 12 months old. Therefore, an uncooperative employer could potentially be putting the health of both mother and baby at risk. Further and perhaps more pressingly, if an employee’s role brings them into contact with unsafe substances, an employer would need to take appropriate steps right from the outset, i.e. prior to the new mother returning to work.
- Flexible working hours and protection from indirect sex discrimination – in the well-known 2016 case of McFarlance & Ambacher v Easyjet, there was a finding of indirect sex discrimination and a breach of the health and safety regulations when Easyjet refused to provider shorter shifts to new mothers who were breastfeeding.
- Protection from harassment – it is important for employers to be conscious of comments made to or about a breastfeeding mother which could be deemed offensive or humiliating. Any such conduct could amount to harassment under the Equality Act 2010.
For advice or guidance please contact Lianne Payne, Senior Associate Solicitor and Head of Employment at Askews Legal, via email at lianne@askewslegal.co
