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UK Breastfeeding Breaks and Leave information

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UK Breastfeeding Breaks and Leave information

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Scroll down the article to find the UK and see what we are doing to protect breastfeeding mothers and babies in the workplace.

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This video shows the benefits of creating a lactation (breastfeeding/expressing) space for mothers.

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Sarah welcomed the scheme within her boutique clothing shop because she feels passionate about helping everyone who comes into her store.

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Find out what aspects of the criteria your business should incorporate.

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Breastfeeding Friendly Venue Map (padlet.com)

View our map of venues and businesses signed up to the scheme. We would love to display your business here too for our MUMS to find. This is available for the public to see on our Facebook Page and soon, on the local authority pages.

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Find your nearest Breastfeeding Friendly Venue by searching this interactive map.

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We will share stories about how mothers feel when visiting your venue or how well supported they feel at work. These stories can help create an attractive work culture. Credible stories mean employees and the public learn to trust you more. We can support the building of human connections within and outside of your business and increase positive brand awareness.

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Find out from this quick guide how you can support breastfeeding/pumping on your premises.

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Hold a staff awareness session to help all staff members understand and support breastfeeding andor pumping mums. Display the Breastfeeding Friendly #FreeToFeedCP stickercertificate. Respect a breastfeedi

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See our useful Blinq contact card and share with your visitors and employees!

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The Equality Act of 2010 - the part of the law you need to know about!

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This information sheet gives a brief guide to the law and what to do if you are treated unfavourably because you are breastfeeding while out and about with your baby in public places.
For more information on your rights to continue to breastfeed on return to work, see the information sheet: Continuing to breastfeed when you return to work.

What does the law say?

The Equality Act 2010 says that it is discrimination to treat a woman unfavourably because she is breastfeeding. It applies to anyone providing services, benefits, facilities and premises to the public, public bodies, further and higher education bodies and association. Service providers include most organisations that deal directly with the public. Service providers must not discriminate, harass or victimise a woman because she is breastfeeding.

Discrimination includes refusing to provide a service, providing a lower standard of service or providing a service on different terms. Therefore, a cafe owner cannot ask you to stop breastfeeding, ask you to move or cover up or refuse to serve you.

How long does protection apply for?

There is no age restriction, the law protects you for as long as you wish to breastfeed your baby.

Where can a woman breastfeed?

You are protected in public places such as parks, sports and leisure facilities, public buildings and when using public transport such as buses, trains and planes. You are protected in shops, public, restaurants and hotels regardless of how big of small. You are also protected in places like hospitals, theatres, cinemas and petrol stations.

Am I protected if I am asked to stop breastfeeding at work?

If your employer provides services to the public, your employer is also responsible for the actions of its employees.

The law does not currently provide a right to time off at work to breastfeed but you have health and safety rights at work as an employee and the right to ask for flexible work. For more information, see: Continuing to breastfeed when you return to work. Employers are not obliged to provide facilities for expressing and storing milk but they may wish to as a matter of good practice and they must take steps to protect the health and safety of an employee who is breastfeeding on return to work.

What protection is there for students?

Further and higher education bodies must not discriminate, harass or victimise a student who is breastfeeding in terms of admission or provision of education or by excluding the student or subjecting her to any detriment. This includes access to benefits, facilities or services.

Which associations are included?

An association must not discriminate, harass or victimise a person because she is breastfeeding by refusing membership or discriminating in provision of benefits, facilities or services.

An association includes clubs, such as golf clubs, that have rules of membership, with at least 25 members, where members have to apply to join. Private clubs, with less than 25 members, that have no formal rules of membership, such as a book club, would not be counted as an association. Clubs where you simply pay a membership fee to join are not counted as an association but would be considered to be providing public services.

Are there some places where I cannot breastfeed in public?

Yes, it is not against the law to prevent a woman breastfeeding in a service which is a single sex service for men. This single sex service must be justified, for example, where only one sex needs it or one sex needs the service more than the other. Voluntary groups or charities set up specifically to benefit one sex may be acting lawfully if they exclude women. Religious organisations may offer services to one sex if it is in line with the doctrines of that religion. In some cases, where single sex services are justified, it would be reasonable to object to members of the opposite sex being there.

It is not against the law to prevent a woman breastfeeding where there are legitimate health and safety risks, for example, near to certain chemicals or radiation.

What can I do if I am discriminated against because I am breastfeeding?

If you have been asked to stop breastfeeding or to cover up or you have been refused services while you are out and about, you can make a complaint to the company or organisation. This includes complaints about how you were treated by other customers as well as members of staff.

Ask the company or organisation, e.g. restaurant, sports complex, cinema, if they have a complaints policy. This will tell you who to write to. Alternatively, you can look on their web page for their complaints policy or find the address of their Head Office.

You can make a complaint by email or by sending a letter, outlining what happened and when and who was involved. Think about what you would like to ask for to remedy the situation, for example, an apology and a commitment to providing staff training in breastfeeding rights. You can use the model letter below if you wish.

You could also send the company a tweet or post a comment on their Facebook page. This may be effective in raising awareness of their treatment of mothers who are breastfeeding but businesses are unlikely to treat tweets and Facebook comments as formal complaints so they may not investigate your complaint.
What can I do if I'm not happy with the response?
If you have made a complaint and you are unhappy about the service providers' response you can take a case in a county court in England or Wales or a Sheriff court in Scotland. You should seek advice as these can be expensive cases to bring. You must start the case within 6 months of the day that it happened. This time limit will only be extended in very exceptional circumstances.

If you win your case, the court can order compensation which can include an amount for injury to feelings. The court can also issue an injunction or make a declaration that you have been discriminated against. If you lose, you may be ordered to pay the other side's legal costs so it is very important to get expert advice.

Additional protection in Scotland

In Scotland a person has a right to breastfeed or bottle feed a child under two and it is a criminal offence to try to stop or to prevent a woman from feeding a child under two in any place in which the public has access and in which a child under two is entitled to be. Anyone who tries to stop or prevent a person feeding milk to a child under the age of two can be prosecuted and can face a claim under the Equality Act.

Employers are responsible for ensuring that their staff are fully aware of the law. If an employee tries to stop or prevent a woman from breastfeeding in the course of their employment, the employer may also be liable even if they were unaware of the incident. You should complain to the employer in the first instance and, if necessary, you can report the matter to the police.

Model letter

Dear [add name]

This information sheet was produced in January 2023. It is very important to get up-to-date advice as law and guidance changes.
This guide is for information purposes only and should not be treated as legal advice. You are strongly advised to get personal legal advice about the individual circumstances of your case.
Where to go for more help
Maternity Action
For information on maternity and parental rights at work and benefits, see: www.maternityaction.org.uk

Maternity Rights Advice Line:

Nationwide (except London) - 0808 802 0029

London (if you live or work in a London borough) - 0808 802 0057

For opening hours see: https://maternityaction.org.uk/advice-line/
ACAS
For advice on employment rights or for Early Conciliation if you are thinking of making a tribunal claim

Helpline: 0300 123 11 00 (offers telephone interpreting service)
Citizens Advice
For information about your rights see: www.citizensadvice.org.uk

You can telephone the national Citizens Advice phone service on 03444 111 444

You can get help with Universal Credit claims through the free national Help to Claim service: England: 0800 144 8444, Wales: 0800 024 1220, Scotland: 0800 023 2581

For more information on how to find your local Citizens Advice Bureau, see:
https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/ Civil Legal Advice
If you are eligible for legal aid you can get free legal advice on 0345 345 4 345 (offers translation service). To check your eligibility see www.gov.uk/civil-legal-advice

To search for specialist legal advisers or solicitors in your area see: https://find-legal-advice.justice.gov.uk/
Equality Advisory Support Service
Help and advice on discrimination and human rights www.equalityadvisoryservice.com

Helpline: 0808 800 0082 Mon - Fri 9am - 7pm, Sat 10am - 2pm

Textphone: 0808 800 0084
Equalities and Human Rights Commission (EHRC)
For information and advice about discrimination law www.equalityhumanrights.com

For information for employees and employers about pregnancy and maternity rights in the workplace see: www.equalityhumanrights.com/about-us/our-work/key-projects/managing-pregnancy-and-maternity-workplace
GOV.UK
The government's online information service
Jobcentre Plus
To make new telephone benefit claims or request claim forms, including Maternity Allowance and Sure Start Maternity Grant: 0800 055 6688 Mon - Fri 8am - 6pm

For ESA/JSA/Income Support claims: 0800 169 0310 Mon - Fri 8am - 6pm

For Maternity Allowance claims: 0800 169 0283 Mon - Fri 8am - 6pm

For Sure Start Maternity Grant claims: 0800 169 0140 Mon - Fri 8am - 6pm/For Best Start Grant claims in Scotland: 0800 182 2222

Universal Credit helpline - for new claims and existing online claims: 0800 328 5644. Mon - Fri 8am - 6pm

For help with claiming Universal Credit see: www.gov.uk/universal-credit
HM Revenue & Customs (HMRC)
Tax Credit Helpline: 0345 300 3900 Mon - Fri 8am-8pm, Sat 8am-4pm, Sun 9am -5pm

Child Benefit: 0300 200 3100 Mon - Fri 8am-8pm, Sat 8am- 4pm

For queries about Statutory Maternity Pay, Adoption Pay, Paternity Pay and Shared Parental Pay:

Employees helpline 0300 200 3500

Employers helpline 0300 200 3200
HMRC Statutory Payments Disputes Team
If you cannot resolve a dispute about your SMP, you can ask HMRC for a formal decision on your entitlement. You can also ask HMRC to pay your SMP if your employer has refused to pay, has dismissed you to avoid paying SMP or has gone into liquidation. This includes disputes about Statutory Maternity Pay/Adoption Pay/Paternity Pay/Shared Parental Pay/Parental Bereavement Pay or Statutory Sick Pay

See: https://www.gov.uk/guidance/statutory-pay-entitlement-how-to-deal-with-disagreements

Telephone: 0300 322 9422

You can also write to the Statutory Payments Disputes Team at HM Revenue and Customs, PT Operations, Statutory Payments Dispute Team, BX9 1AN.
Insolvency Service Helpline
You can currently only contact the Insolvency Service online.

For what you can claim if your employer goes out of business, see: https://www.gov.uk/your-rights-if-your-employer-is-insolvent
Law Centres Network
To find out if there is a Law Centre in your area telephone 020 3637 1330 or see: www.lawcentres.org.uk/
Turn2us
Online benefits calculator and grant search www.turn2us.org.uk

More Maternity Action information sheets
Rights during pregnancy Pregnant at work 2021 Pregnancy Discrimination Time off for antenatal care Health and safety during pregnancy and return to work Resigning from your job during pregnancy and maternity leave Changing jobs or more than one job
Pregnant during maternity leave (when you are expecting again)
Premature births - rights to maternity leave and pay Miscarriage stillbirth and neonatal death - rights to time off and pay Maternity pay and benefits Maternity Pay Questions Money for Parents and Babies Maternity and parental leave Rights during maternity leave and return to work Keeping in touch during leave Shared Parental Leave and Pay Time off for Working Parents Asking to change your working hours or go part-time Child friendly working hours Redundancy, dismissal and discrimination Pregnancy Discrimination Rights during maternity leave and return to work Redundancy during pregnancy, maternity and parental leave Dealing with problems at work Health and safety, breastfeeding and sickness Sickness during pregnancy maternity leave and return to work Health and safety during pregnancy and return to work Postnatal depression and depression during pregnancy Childbirth injuries - rights at work and benefits for new mothers Breastfeeding on return to work Breastfeeding while out and about Self-employed, agency and zero hours work Maternity and parental rights for agency workers Maternity and parental rights if you are self-employed Changing jobs or more than one job Zero hours contracts - maternity and parental rights Apprentices - maternity and parental rights at work Fathers and partners, including same sex partners Rights at work for fathers and partners Shared Parental Leave and Pay Child friendly working hours Time off for Working Parents Dealing with problems at work Adoption or surrogacy Time off and pay for parents-surrogacy Shared parental leave and pay - adoption Money for Parents and Babies
Available at www.maternityaction.org.uk

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Breastfeeding while out and about - Maternity Action

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This page contains information on:What does the law say?How long does protection apply for?Where can a woman breastfeed? Am I protected if I am asked to stop breastfeeding at work? What protection is there for students? Which associations are included? Are there some places where I cannot breastfeed in public?

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Returning to work when breastfeeding. Sharing this information with your employees can help boost their confidence knowing they will be supported when they return to work.

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Start here and find out more about how to support breastfeeding mothers at work.

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Download the Acas advice booklet on accommodating breastfeeding employees in the workplace.

Documents
Accommodating breastfeeding employees in the workplace (PDF, 159 KB) Accommodating breastfeeding employees in the workplace (Word version, 350 KB)
Details

Includes guidance on:

what employers are required to do by law

what's good practice

how to support an employee returning to work after maternity leave

If you need this document in a more accessible format, email digital@acas.org.uk. Please tell us which format you need.

Published January 2014

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Accommodating breastfeeding employees in the workplace

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Download the Acas advice booklet on accommodating breastfeeding employees in the workplace. Accommodating breastfeeding employees in the workplace (PDF, 159 KB) Accommodating breastfeeding employees in the workplace (Word version, 350 KB) Includes guidance on: what employers are required to do by law what's good practice how to support an employee returning to work after maternity leave If you need this document in a more accessible format, email digital@acas.org.uk.

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Read more here!

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Complete our registration form to express your interest in becoming Breastfeeding Friendly.

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Milk&You Breastfeeding Friendly Scheme - Register with us!

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Please click the link to complete this form.

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Thank you for seeking information about the scheme. This letter provides you with an outline as to what the scheme is about.

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Breastfeeding Friendly Letter to Businesses