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 that applies to breastfeeding at work and provides practical guidance on how employers can support 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.
Breastfeeding supports employee wellbeing and can help prevent health issues. However, some employees may feel uncomfortable raising breastfeeding needs, particularly if the workplace culture does not encourage open discussion.
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 or HR representative, 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.
Supporting breastfeeding employees can also encourage earlier returns from maternity leave and reinforce a culture of trust and inclusion.
Having a clear breastfeeding at work policy is strongly recommended. This helps employers deal with requests consistently and reduces the risk of discrimination claims. The policy may form part of maternity or flexible working policies or sit as a standalone document.
Policies should explain how requests will be handled, what facilities are available and who employees can speak to for support. Once in place, policies should be clearly communicated to staff.
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 a dedicated container or shelf.
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 or work long or irregular hours.
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.
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.
Temporary flexible working arrangements can be particularly effective. As breastfeeding needs usually change over time, permanent contractual changes may be not necessary.
Supporting breastfeeding employees is both a legal requirement and an important part of building an inclusive and respectful workplace. Employers who approach requests with openness, flexibility and sensitivity are more likely to retain valued employees and foster positive working relationships.
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 at work arrangements can benefit both employees and employers, supporting wellbeing while maintaining business continuity.
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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