09 Aug What you owe breastfeeding employees (and what happens if you get it wrong)
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Support from an HR consultant in Wychavon to help you meet your legal obligations towards employees who are breastfeeding or expressing milk at work.
I’ve had several conversations with business owners recently where breastfeeding at work has come up.
Almost every time, the employer had no idea they had specific legal duties around it.
That’s a problem, because getting this wrong can lead to discrimination and harassment claims with uncapped financial damages at tribunal.
You don’t need to have acted with bad intentions. A simple oversight is enough.
Here’s what you need to know and what to do about it.
What Does “Good Support” Actually Look Like?
Before we get into the legal detail, let me start with the practical side. Because honestly, getting this right doesn’t require much effort. It just requires some thought.
A few things make a real difference:
- Have a written policy that your managers know about, so requests get handled the same way every time
- Identify a clean, private space your employee can use (more on that below)
- Be willing to flex break times so she can express when she needs to
- Talk to her before she comes back from maternity leave, so she knows what to expect
That last point matters more than people realise. An employee who comes back knowing her employer has already thought about this is far more likely to settle back in and stay long term.
Your Duty to Carry Out a Risk Assessment
Under the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999, you’re required to carry out a risk assessment for new and expectant mothers.
What catches people out is that this obligation doesn’t end when someone finishes maternity leave. If she’s still breastfeeding after she returns, the duty still applies.
Providing Somewhere Appropriate to Breastfeed or Express
You need to offer a suitable space. That means somewhere clean, private and dignified.
A toilet cubicle doesn’t count. Both HMRC and HSE guidance are clear on that, and it’s a mistake I see more often than you’d expect.
You don’t need to set aside a permanent room for this. A spare office works. A private area with a lock on the door, a chair and a surface is perfectly fine. The key thing is that your employee can use it without feeling uncomfortable or exposed.
Flexibility Around Working Hours and Breaks
The Employment Rights Act 1996 says you should reasonably accommodate requests for adjusted hours, reduced shifts or flexible breaks to allow for breastfeeding or expressing.
ACAS guidance goes further and encourages employers to allow short, unpaid breaks or slightly adjusted schedules for this purpose.
One thing to be aware of: you’re not legally required to pay for those breaks. But you are expected to allow them.
Making Sure Your Employee Feels Supported
If a member of your team feels pressured or embarrassed about breastfeeding at work, that could form the basis of a harassment claim.
Your job is to make it as easy as possible for her to ask for what she needs. That means creating an environment where she feels comfortable raising it, and where her manager responds properly.
Where the Discrimination Risk Sits
There are two scenarios that can land you in serious trouble.
First, if an employee feels she has no choice but to resign because you’ve refused to provide a private space or allow breaks, she could bring a constructive dismissal claim.
Second, if she’s dismissed or treated less favourably because of breastfeeding, that dismissal could be found to be automatically unfair.
You don’t have to be acting deliberately for either of these to happen. A manager who’s dismissive about a request, or inconsistent treatment across the business, can be enough to trigger a claim.
Why This Matters for Your Business Beyond Compliance
Retention is the real issue here. Coming back from maternity leave is already a difficult transition. If the experience feels unsupportive, you’re much more likely to lose someone you’ve spent time and money developing.
Parental rights are also being strengthened under the Employment Rights Act, with enhanced maternity protections expected in 2027. Scrutiny on how employers handle these situations is only going to increase.
Sorting your approach out now, while things are calm, is far easier than trying to fix it after a complaint has been raised. HR consultancy services in Wychavon can help you get ahead of this.
A Few Questions Worth Asking Yourself
- Do your managers know what to do if an employee asks for somewhere to breastfeed or express?
- Have you identified a suitable private space that isn’t a bathroom?
- Do you have a written policy covering breastfeeding and expressing at work?
- When was the last time you reviewed your risk assessments for returning mothers?
If you’re unsure on any of those, it’s worth getting some support in place before a situation arises.
How I Can Help
I can carry out a risk assessment for new and expectant mothers, help you put a clear breastfeeding and expressing policy together, and make sure your managers know how to respond to requests properly.
As an outsourced HR consultant in Wychavon, I work with small businesses to get these things sorted before they become problems.
If you’re not confident that your current setup covers what the law requires, get in touch.
We can have a chat, talk it through, and work out what you need. No pressure, just a straightforward conversation about where you stand.
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