In the UK, employers have legal obligations to protect breastfeeding employees from discrimination, ensure their health and safety, and provide suitable facilities at work. Taking a proactive and supportive approach not only helps employers meet these legal duties but also demonstrates a genuine commitment to equality and family-friendly working practices.
This article outlines the legal framework and provides practical guidance on how employers can support breastfeeding employees effectively and lawfully.
Although breastfeeding is not expressly referenced in the Equality Act 2010, breastfeeding employees are protected under its provisions relating to sex discrimination, pregnancy and maternity. Employers must not treat an employee unfavourably, subject them to harassment or place them at a disadvantage because they are breastfeeding or expressing milk.
In addition, employers’ responsibilities are reinforced by health and safety legislation, including the Health and Safety at Work Act 1974, the Workplace (Health, Safety and Welfare) Regulations 1992, and the Management of Health and Safety at Work Regulations 1999.
Together, these laws require employers to:
Failure to comply can lead to grievances, Employment Tribunal claims and reputational damage, particularly for employers operating in regulated or safety critical sectors.
Breastfeeding supports employee wellbeing and can help prevent health issues. However, some employees may feel uncomfortable or be reluctant to raise breastfeeding needs, particularly in male dominated or highly technical environments. Employers should therefore plan ahead.
Good practice includes initiating supportive conversations before the employee returns to work, often during Keeping in Touch (KIT) days. Employers may also consider offering a designated point of contact, such as a wellbeing lead, HR representative or line manager, to discuss arrangements sensitively.
Any support provided should balance the temporary needs of the breastfeeding employee with operational requirements. Clear communication with colleagues about short-term adjustments can help manage expectations and avoid resentment. This will also help teams to manage resourcing, shift patterns or lab access requirements without disruption.
Supporting breastfeeding employees can also encourage earlier returns from maternity leave and reinforce a culture of trust and inclusion, which is particularly important in male-dominated STEM environments.
Having a clear breastfeeding at work policy is strongly recommended. This helps employers deal with requests consistently, supports line managers and reduces the legal risk. The policy may form part of maternity or flexible working policies or sit as a standalone document.
Policies should explain how requests are made and assessed, what facilities are available, potential adjustments (e.g. breaks, hours, temporary role changes) and who employees can speak to for support. Once in place, policies should be clearly communicated to staff and applied consistently.
Approved requests must be implemented respectfully. Employers should take steps to prevent inappropriate comments or behaviour, as offensive teasing or “banter” related to breastfeeding could amount to unlawful harassment under the Equality Act 2010.
While there is no legislation which obliges an employer to provide facilities for breastfeeding, the Health and Safety Executive (HSE) recommends that in meeting their duty of care to breastfeeding employees, employers should provide a suitable area where breastfeeding employees can rest. It should be private, clean and safe, that contains facilities for washing and sterilising along with a comfortable place to lie down should this be required. Toilets, due to their unhygienic and unsanitary nature, are never an appropriate facility for this purpose. Hazardous substances can also enter breastmilk and could pose a risk to the baby. Therefore, employers must ensure that breastfeeding facilities are located away from potential contaminants and meet high standards of cleanliness.
Additionally, employees who express milk at work will also need access to hygienic storage. Employers should provide a clean, working refrigerator where expressed milk can be stored away from any potential contaminants. While many workplaces already have shared fridges, it is good practice to discuss storage arrangements in advance, such as providing sealed containers or dedicated shelving. These considerations are particularly important in laboratories, manufacturing environments or sites handling chemicals or biological materials.
Employers have a general duty to provide a safe working environment for all employees. As such, employers must carry out risk assessments for new and expectant mothers, including breastfeeding employees where relevant. This is particularly important where employees work with hazardous substances, undertake physically demanding tasks, work long or irregular hours, or work in labs, within manufacturing or in field-based environments.
If a risk is identified, the employer must take reasonable steps to remove or reduce it, which could include making reasonable adjustments to working conditions or hours. Where this is not possible, the employee should be offered suitable alternative work or, as a last resort, suspended on full pay. Risk assessments should be documented and kept under review.
Requests for breastfeeding accommodations are often informal initially. Employers should explain how formal, flexible working requests can be made and what information is helpful, such as the type of adjustment sought and its expected duration. Employers should keep in mind that they have a legal obligation to consider any request for flexible working and may only refuse if there is a good enough reason which falls within the eight permitted reasons under statute why such changes to contract may affect the organisation.
Employees may request additional breaks to express milk. These requests must be considered objectively, taking into account business needs. If additional breaks are not feasible, alternatives such as extended existing breaks or adjusted start and finish times should be explored.
In many cases, temporary flexible working arrangements are sufficient as breastfeeding needs typically reduce over time. Permanent contractual changes are often unnecessary.
As more women pursue careers in STEM, it is increasingly important for employers in the sector to foster workplaces that are supportive, inclusive and legally compliant. Supporting breastfeeding employees is not only a legal requirement but also a practical workforce consideration and an integral part of building a respectful and inclusive working environment.
Employers who approach requests with openness, flexibility and sensitivity are more likely to retain skilled and valued staff, maintain positive working relationships and minimise operational disruption. Clear expectations, supported by appropriate manager training are particularly important in technical teams where awareness or experience of these issues may be more limited.
Regular, supportive reviews of arrangements can ensure they remain effective as circumstances change. Decisions should be well-documented and objectively justified, particularly where a request cannot be accommodated.
Handled correctly, breastfeeding support can improve employee wellbeing, reduce attrition and support long-term organisational resilience without compromising operational effectiveness.
This update contains general information only and does not constitute legal or other professional advice. For further information and advice on this topic, please contact a member of our Employment team.
Lesley Grant, Associate: ljg@bto.co.uk/ 0141 225 4836
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