While World Breastfeeding Week often brings this topic to the spotlight, for many mothers, the reality of combining breastfeeding with a career is a year-round challenge. As you prepare to return from maternity leave, you may be wondering: Can I realistically continue to breastfeed? Does my employer have to provide a space for me to express?
At Gorvins Solicitors, we believe that your return to the workplace should be a smooth transition, not a choice between your career and your baby’s wellbeing. Understanding your parental and family-friendly rights is the first step in ensuring your employer supports your journey.
Can I continue breastfeeding when I return to work?
Absolutely. Combining breastfeeding with a professional role is not only possible but also protected by law. Depending on your childcare arrangements in Manchester or Stockport, you may have several options:
- Nursery Visits: If your childcare is located close to your workplace, you may choose to visit your baby during the day to breastfeed.
- Expressing Milk: If you cannot visit your baby, you have the right to express milk at work to be used for feeds later.
- Flexible Schedules: Many mothers now utilise their flexible working rights to adjust their start or finish times, or to create “expressing blocks” within their day.
The “Suitable Facilities” Standard: No, a Toilet is Not Enough
One of the most frequent disputes we see involves the quality of facilities provided. The law is clear: employers have a “Duty of Care” to provide suitable facilities for breastfeeding employees to rest and express.
To comply with Health and Safety regulations, your employer should provide:
- A Private Room: This should be a clean, private, and lockable space (such as a first aid room or a dedicated “mother and baby room”).
- Hygienic Storage: Access to a secure, clean refrigerator for storing expressed milk.
- Facility Essentials: Access to clean running water and a space to sterilise equipment.
Legal Note: There has been significant debate, and litigation, regarding employers offering toilets as “facilities.” At Gorvins, we maintain that a lady’s toilet is never an appropriate or hygienic place to express milk. If you are being forced into this position, it may be time to lodge a formal workplace grievance.
Am I entitled to “Breastfeeding Breaks”?
This is a common point of confusion. While UK law does not currently have a specific “statutory breastfeeding break” in the same way it has rest breaks, a refusal to allow you time to express can lead to workplace discrimination claims.
If an employer refuses to allow reasonable time for expressing, or makes it difficult for you to do so, they may be guilty of indirect sex discrimination. Because the need to express milk is unique to women, a rigid policy that prevents it disproportionately disadvantages female employees.
The Importance of the Risk Assessment
Once you notify your employer in writing that you are breastfeeding, they are legally required to carry out a specific risk assessment. This isn’t just a formality; it is a vital document that identifies any workplace risks to you or your baby and outlines the support you need.
Failure to conduct this assessment, or failure to act on its findings, could leave your employer vulnerable to employment tribunal claims.
Communication and Tactics
Preparation is key. We recommend discussing your requirements with your manager at least a month before your return date. If you feel your manager is being uncooperative, or if you are facing “banter” or comments about your needs, this may be grounds for you to start a workplace bullying & harassment claim.
How Gorvins Can Help
If your employer is failing to provide facilities, or if you feel you are being sidelined because of your breastfeeding needs, you don’t have to navigate it alone. Our specialist team can help you:
- Negotiate a return-to-work plan that includes expressing time.
- Challenge a refusal of flexible working.
- Secure an enhanced workplace settlement agreement if the relationship has become untenable.
- Represent you in cases of unfair dismissal claims if you have been pushed out after asserting your rights.
Don’t compromise on your rights or your baby’s health.
Contact our expert employment team today:
- Call us: 0161 930 5151
- Email: enquiries@gorvins.com
- Online: Contact Form