Tribunal Upholds Sex Discrimination Claim for a Failure to Provide a Private Breastfeeding Area

Louise Walker
Legal Director
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In a recent case, the Employment Tribunal (ET) found that an employer’s failure to provide an employee with a safe place to express amounted to harassment related to sex.

The employer had expressly promised to provide the employee with a lockable room in which she could express upon her return to work. The ET held that a failure to fulfil this promise was harassment, namely unwanted conduct that related to sex, in the sense of being related to breastfeeding, which had the effect of creating a humiliating environment for the employee as she was at risk of being walked in on.

In his judgment, Judge Harfield acknowledged that different expressing mothers would have different needs but, for this employee, having a lockable room was what she needed to feel safe and to express effectively.

This case acts as a reminder that employers must respect the privacy of breastfeeding mothers and provide them with a suitable area to express.

Additionally, it is important to remind employers of their obligations towards expectant and new mothers more generally, including the requirement to conduct individual risk assessments, allow time away from work for maternity-related appointments and to provide a suitable rest area. The Health and Safety Executive’s guidance for employers on protecting pregnant workers and new mothers can be accessed here.

If you have any questions about your obligations towards expectant and/or new mothers, or if we can provide support or assistance on any other employment law matter, please do not hesitate to contact a member of the team on 0141 331 5150.

Topics: Breastfeeding, Sex Discrimination