No facilities to express breast milk was harassment
Returning to work
Sometimes, an employee will come back to work whilst she is still breastfeeding her child.
Where this situation arises, are you legally obliged to provide a private room so she can breastfeed her child and/or express milk?
Case in point
This was one of the issues in the case of Mellor v The MFG Academies Trust 2022 . Before returning to work from her maternity leave, Ms Mellor (M), a school teacher, informed the Trust that she was still breastfeeding and would need a private room so that she could express her breast milk.
Despite various reminders, the Trust failed to provide this facility for M. As a result, she was forced to express her breast milk in either the staff toilets or her car during her lunch break.
No privacy
M mainly used the toilets as and she did not want to risk being seen by pupils. She would sit on the toilet floor and eat her lunch while expressing her breast milk. Other members of staff would use the toilets at the same time.
M found the whole experience “unhygienic and disgusting” and the Trust’s treatment of her “humiliating” . She brought claims of sex discrimination and harassment . The tribunal noted that employers aren’t legally obliged to provide employees who are breastfeeding with any facilities to breastfeed their child or express milk.
Tribunal ruling
However, whilst it dismissed her discrimination claim, the tribunal upheld M’s claim for harassment on the grounds of sex on the basis that the intimate nature of the activity, the risk of exposure of intimate body parts in public and the length of time taken to express breast milk were all related to M being a woman (see The next step ).
Compensation will be awarded at another hearing which will be held at a later date.
Staying safe
Although the sex discrimination claim failed in this case, it‘s quite possible that it could succeed in another case before a different tribunal.
Tip. You can avoid potential tribunal claims where you have an employee who is breastfeeding, including those for sex discrimination and harassment, by following Acas’ guidance on “Accommodating breastfeeding employees in the workplace” (see The next step ).
Tip. Acas recommends that employees who are breastfeeding are provided with a private, hygienic, safe and secure area to express milk. This could be an unoccupied office or an area that can be discreetly screened. The guidance also highlights that the use of staff toilets or sick rooms for this purpose is always inappropriate because of the hygiene risks - so don’t suggest this as a potential option.
For the tribunal’s ruling in this case and Acas’ guidance on accommodating breastfeeding employees in the workplace, visit https://www.tips-and-advice.co.uk , Download Zone, year 24, issue 18.
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