Many new mothers in the United Kingdom (UK) continue to work whilst they are pregnant and whilst they are breastfeeding, and therefore the workplace needs to accommodate both new and expectant mothers. The Workplace (Health, Safety and Welfare) Regulations 1992 state that employers have a responsibility to provide “suitable facilities” to new and expectant mothers in the workplace. The health and safety of new and expectant mothers should be a priority.

Breastfeeding Facilities in the Workplace

The UK has one of the lowest breastfeeding rates in the world and some have suggested this is due to companies failing to accommodate breastfeeding mothers returning to work. If employers ensure the workplace has suitable facilities for new mothers retuning to work, it will encourage mothers to continue breastfeeding when they are at work.

New mothers have the right to breastfeed their child at work and to express milk at work, in the designated area provided in the workplace. Some mothers might decide to breastfeed their child at work if they can; for example, if the workplace has an on-site nursery or a nearby nursery, mothers will be able to breastfeed their child in the workplace. However, if you don’t have access to your child during the working day, you can express milk at work, store it and then take it home at the end of the day.

After you have given birth, you legally cannot return to work for 2 weeks, or 4 weeks if you work in a factory. If you wish to return to work whilst breastfeeding, inform your employer of this with written warning. Your employer can then implement the appropriate facilities for those who wish to breastfeed and express milk at work.

Legal Requirements for New and Expectant Mothers in the Workplace

The following sets of legislation refer to new and expectant mothers in the workplace.

• The Management of Health and Safety at Work Regulations 1999 explicitly states that employers must protect the health and safety of new and expectant mothers.
• The Workplace (Health, Safety and Welfare) Regulations 1992 demands employers offer “suitable facilities” to new and expectant mothers. This can be interpreted differently by organisations, but guidance on the type of facilities which should be provided will help organisations to comply.
• The Equality Act 2010 aims to protect new and expectant mothers from employer discrimination and unfair treatment.

Suitable Facilities for New and Expectant Mothers

• A private room for expectant mothers to rest and for breastfeeding mothers to express milk within, this should have a lock on the door.
• This room should also be clean and comfortable for the new mother to rest and to express milk within.
• This room should provide access to a plug socket, so that a breast pump can be plugged in if it needs to be.
• A refrigerator should be available for new mothers who are expressing milk during the day, to store the expressed milk until the end of the day.
• A toilet facility must not be used for new mothers to express milk within.
• A first aid kit and trained first aiders should always be available in the workplace.

Risks Associated with Breastfeeding Whilst at Work

When returning to work whilst breastfeeding, it is important to remain vigilant to the risks which could affect you. Therefore, it is important for you and your employer to sit down and consider the risks associated with breastfeeding. Your employer should conduct a new risk assessment to establish all of the potential risks.

Consider your working conditions, if you are working with radioactive materials, organic mercury or lead, this could be harmful. Therefore, it might be appropriate to wait until you have stopped breastfeeding, before you return to work in these conditions.

If a new mother returns to work within months of giving birth, they might need to express milk every three to four hours. The University of Arizona conducted research into new mothers expressing milk at work and concluded that women who were not supported in the workplace to express milk were less able to complete their job properly. Therefore, there is a correlation which can be drawn between employees who are supported to express milk safely and conveniently in the workplace, and the ability to complete their job successfully.

If an employer does not provide facilities for their employees to express milk at work, not only are they breaching the Workplace (Health, Safety and Welfare) Regulations 1992, they are also posing a significant risk to an individual’s health. If a woman does not express milk when they need to, they could encounter painful engorgement, which could lead to complicated health problems.

Therefore, if you continue to work whilst pregnant and decide to return to work whilst breastfeeding, it is important to make sure you are returning to a safe environment, equipped with appropriate facilities. If this is not the case, you should seek advise from the UK’s Health and Safety Executive.

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If you decide during your maternity leave that returning to work is not the appropriate course of action for you, there is certainly nothing wrong with deciding not to return to work. However, not returning to work could affect the maternity pay which you receive or which you have been receiving. It is important to know what you are entitled to if you don’t return to work after maternity leave.

What are your rights if you don’t return to work?

If you don’t return to work, it is important to ensure your maternity rights are still protected.

• Your contract with your employer should specify a notice period which you need to give to your employer if you are not returning to work. If there is not a notice period specified in your contract, then Citizens Advice UK advise that you should give your employer a week’s notice.
• Remember, if you don’t return to work you are still entitled to receive money for any holiday that you have remaining, including the time whilst you were on maternity leave.
• If you decide that you are not going to return to work during your maternity leave, you will still be entitled to receive statutory maternity pay. However, if you receive contractual maternity pay, it might be stated in your contract that you have to repay the additional amount of money which you received back to your employer. It might have been specified that you can only keep your full contractual maternity pay if you return to work. You must ensure that you are aware of what has been specified in your contract first.

What happens if you do return to work after maternity leave?

When discussing maternity leave with your employer, they might assume that you will be on maternity leave for the whole 52 weeks, unless specified otherwise. Therefore, if you have a date in mind for when you plan to return to work, you should inform your employer of this.
Upon your return to work after maternity leave, your pay and work conditions must either be the same or better than before you had left for maternity leave. It is considered maternity discrimination or unfair dismissal if you are made redundant, replaced or encouraged to enter another role which is completely different, without sound reasoning from the employer.
For example, if upon your return your employer offers you a role which is different to your previous job role, it could be a sign that they are treating you unfairly. If your previous job still exists and the role which they are offering you is something which you are unable to do or is reduced pay, then this is a sign of maternity discrimination.

Returning to work with flexible hours or conditions

You might have decided that you only want to return to work if you can work on more flexible conditions than previously. For example, working reduced hours, working on particular days or working from home more regularly, could allow you to work more flexibly than previously.
Your employer might decide to grant you these flexible working arrangements but will do so in conjunction with a change to your pay. A meeting should be arranged between you, your employer and your manager to decide upon the provisions of your flexible working arrangements. Your employer should confirm the changes to your working conditions within three months. This should be stated in writing and your contract should be amended accordingly.
If your employer cannot organise flexible working conditions for you, this should not allow them to treat you unfairly or to discriminate against you. Moreover, if the employer cannot provide flexible working conditions for you, they should provide this in writing with their reasoning. Knowing which benefits you are entitled to if you don’t return to work is important.

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Pregnant employees can continue to work the average 40 hours a week in the UK or the hours that they were working previously, before they became pregnant. However, pregnant employees should only continue working these hours if it is safe to do so. Therefore, employers have the responsibility to ensure that pregnant employees can safely continue to work their specified hours, if they can’t, the employer must initiate appropriate changes.
If you continue to work whilst pregnant, your employer has the responsibility to conduct a risk assessment which will analyse whether you are fit to work whilst pregnant. If your job role involves standing or sitting for long periods of time, lifting heavy objects, exposure to radiation or toxic substances, it could affect your health. Therefore, the employer must make an important decision to decide whether it is appropriate for a pregnant employee to continue working their designated hours.

Working long hours whilst pregnant

Employers are not required to reduce working hours below 40 hours a week, which is the average number of hours to work a week in the UK. Therefore, pregnant women can work 40 hours a week if the working conditions are safe for them to do so.
If a pregnant employee begins to work over 40 hours a week and is subject to a lot of stress, it could be harmful to their health and the health of their unborn child. If a pregnant employee’s physical or mental health is declining due to the number of hours which they are working, or the conditions they are working in, something must be changed.
If you have concerns regarding the number of hours which you are working or the conditions which you are working in, it is important to voice these concerns to you midwife or GP. They will be able to identify whether your working hours are having a negative effect on your health.
Therefore, if as a pregnant woman you are going to continue working for 40 hours a week, you must ensure you do so safely, with your physical and emotional health in mind.

Time off for antenatal care

A pregnant employee is entitled to paid time off for antenatal care, this could be an appointment with their midwife or parental classes which have been advised. The partner of the mother is entitled to paid time off to attend two antenatal appointments.

Working hours and stress

The Amsterdam Born Children and the Development research group found that stress can have negative effects on your unborn child. According to research, the stress hormone increases the level of cortisol in a mother, which can increase the risk of complicated health problems. Therefore, if working long hours is resulting in stress, then it is important to discuss with your employer how you can stop this.
If you feel that you are significantly stressed due to your workload or the hours that you have been working, then it is important to seek advice and speak to your employer regarding ways to improve this.

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Statutory maternity leave in the UK is a total of 52 weeks for pregnant employees who meet the requirements. Company maternity schemes sometimes offer employees more maternity leave than the statutory amount, as well as higher maternity pay than is statutory. Therefore, when you become pregnant, it is important to understand what maternity leave you are entitled to.

Statutory Maternity Leave

You are entitled to Statutory Maternity Leave if you are an employee and you give your employer enough notice.

You are entitled to Statutory Maternity Pay if:

• You earn on average £118 a week or more.
• You have worked for your employer for 26 weeks when you reach the 15^th week before your due date.

Statutory Maternity Leave = 26 weeks of ordinary maternity leave + 26 weeks of additional maternity leave.

The earliest that you can begin your statutory maternity leave is 11 weeks before your due date. If you must take time off work for a pregnancy related illness, during the 4 weeks before your due date, your maternity leave will effectively start then. You don’t have to take the entire 52 weeks maternity leave from work, but legally you can’t return to work within the first 2 weeks after giving birth, or the first 4 weeks if you work in a factory.

Whilst you continue to work during your pregnancy, there might be times when you must take time off for an antenatal appointment. Antenatal appointments include doctors’ appointments and parental classes which have been advised by your doctor or midwife. Your employer must continue to pay you for the time off which you have for antenatal appointments.

Contractual Maternity Scheme

Your employer might choose to use contractual maternity schemes opposed to statutory leave and pay. Contractual maternity schemes allow employers to offer more generous maternity leave and maternity pay. A company’s tailored maternity scheme must be accessible to employees, to ensure they know what they are entitled to when they fall pregnant.

Regarding company maternity schemes in the UK, there are some notably generous schemes which can make becoming a parent far more enjoyable. Therefore, when you are applying to new jobs, it is important for potential mothers and fathers to review the company’s maternity scheme, to see whether it is accommodating of new and expectant parents.

• Accenture, a professional services firm, offers mothers and fathers who have given birth to or adopted a child a fully paid 36 weeks leave.
• M&G, a renowned investment management firm, entices employees in with childcare vouchers and maternity, paternity, adoption and shared parental leave packages.
• Vodafone, a multinational telecommunications firm, offers new parents 16 weeks of fully paid maternity leave, with an additional 6 months where new parents can work 30-hours during a 4-day week, which is fully paid.

Therefore, understanding your rights as a new and expectant parent is of the utmost importance to protect your own health and safety and your child’s.

Maternity leave and maternity pay in the UK is statutory, and therefore pregnant employees who meet the requirements can legally receive maternity pay and leave from their employer. Employers can offer their employees contractual maternity pay and leave, this allows an organisation to offer their employees more paid time off when choosing to have children, which is consequently more generous than the statutory allowance. The UK government is driving to enhance parental roles and have therefore introduced paternity leave and shared parental leave. It is important to understand how maternity leave and maternity pay works.

What is Statutory Maternity Pay and Leave?

Statutory maternity pay is the legal minimum pay which you employer must pay you whilst you are on maternity leave. Statutory maternity leave is the legal minimum amount of time which your employer must allow you to have off from work whilst pregnant.

You are entitled to Statutory Maternity Leave if you are an employee and you give your employer enough notice.

You are entitled to Statutory Maternity Pay if:

• You earn on average £118 a week or more.
• You have worked for your employer for 26 weeks when you reach the 15^th week before your due date.

Your employer might decide to offer their employees contractual maternity pay and leave, which could be more generous than what is allocated under statutory maternity pay and leave.

Statutory Maternity Leave in the UK

• 52 weeks maternity leave in total.
• This maternity leave can begin from 11 weeks before the due date.
• You can go back to work 2 weeks after giving birth, or 4 weeks after giving birth if you work in a factory.

Statutory Maternity Pay in the UK

• Statutory maternity pay is available for up to 39 weeks.
• The first 6 weeks is equivalent to 90% of you average weekly earnings.
• For the following 33 weeks the pay is equivalent to £148.68 or 90% of your average weekly earnings, whichever is the lowest total.

After the sum has been decided upon, tax and national insurance will be deducted.

If you start a new job whilst you’re pregnant, and therefore have not been working there for 26 weeks when you reach the 15th week before your due date, it is unlikely that you will be eligible for statutory maternity pay.

Statutory Paternity Leave in the UK

As a father to a biological child or adopted child, you are entitled to 1 or 2 weeks of paid paternity leave. There have been recent demands for improved paternity leave, as a lot of people think that 2 weeks maximum of paid paternity leave is not enough.

Organisations can offer fathers or partners generous contractual paternity leave which is more than the statutory 2 weeks. Therefore, it is important to check your organisation’s paternity leave policy to see whether it offers more than the statutory amount.

Statutory Paternity Pay in the UK

The paternity pay which is offered to fathers during their leave equivalates to £148.68 a week or 90% of their average weekly earnings (whichever is lower). Tax and National Insurance will also be deducted.

If a father wishes to take more than 2 weeks off to spend time with their new-born or adopted child, this will not be paid by the employer if they are receiving the statutory paternity pay.

Shared Parental Leave and Pay in the UK

Two partners can choose to take shared parental leave and shared parental pay in the first year after the child is born or adopted. The parents must meet the specific criteria to qualify for shared parental leave and pay.

• Two parents can share up to 50 weeks of leave and up to 37 weeks of pay between them.
• The 50 weeks of leave can be taken in different chunks or as one period. You can take these weeks off together, or one of you can go back to work, whilst the other partner is at home.
• If you and your partner opt to take shared parental leave and pay, you need to give your employer notice of this in writing.
• There are requirements which must be met for partners to receive shared parental leave, therefore understanding these requirements is important.

The University of Birmingham found that 10,700 new parents decided to opt for shared parental leave during the financial year 2018-2019. There has been a drive to encourage more parents to seize the benefits which taking shared parental leave can offer.

In November 2019, Goldman Sachs decided to change their approach and offer men and women the same fully paid leave for 20 weeks, after they have had a new child. This policy has been launched with the aim to ensure everyone in the workplace is receiving appropriate support when it comes to their careers and their families.

Therefore, it is important to know how maternity leave and pay works, to ensure you receive what you are entitled to.

It is a legal obligation for employers to regularly review general workplace risks, and therefore it is essential to analyse the risks present in the workplace which could harm pregnant workers. Pregnant employees can be affected by both physical and emotional risks in the workplace. It is an employer’s responsibility to ensure pregnant employees can continue to work safely and comfortably. If an employer does not ensure pregnant employees can work safely, they will be breaching their health and safety responsibilities in the workplace. Therefore, knowing how to conduct a risk assessment for pregnant workers is of the utmost importance.

An employer’s responsibility to conduct a risk assessment is established under the Workplace (Health, Safety and Welfare) Regulations 1992. If an employer does not conduct a general risk assessment in the workplace, they are effectively breaching UK health and safety law.

The UK Health and Safety Executive have published advisable steps for organisations to follow when conducting their risk assessments.

Step 1: General Risk Assessment

• Identify hazards in the workplace, including physical agents, biological agents and chemical agents.
• Decide whether a control measure can be implemented to protect employees from this risk.
• Record all of the workplace’s hazards, risks and control measures. This will ensure that if your organisation is investigated, you can prove that a risk assessment has been carried out. Moreover, it will make revising your risk assessment far easier if you have a record of your last one.
• This risk assessment must be revised thoroughly to ensure any new risks which arise are accounted for.

Step 2: Risk Assessment for New and Expectant Mothers

• Ensure that pregnant employees inform you of their pregnancy in writing.
• Identify risks in the workplace. Are there any substantial risks which primarily affect new and expectant mothers?
• If so, implement appropriate control measures to protect pregnant employees from this risk.
• If the working conditions or job role of a pregnant employee can’t be changed, is there suitable alternative work that the employee could do instead to reduce their exposure to risk? This alternative job role must have the same terms and conditions as the previous job role.
• If suitable alternative work cannot be found, the employee must be suspended on fully paid leave for a necessary amount of time to protect their health and safety.
• This risk assessment must be revised thoroughly to ensure any new risks which arise are accounted for.
• Regular discussions between the employer and pregnant employees must take place to ensure all health and safety procedures are working as they should.

Conducting risk assessments to ensure that new and expectant mothers are safe is of the utmost importance. Amazon, a multinational technology firm, were accused in May 2019 of failing to protect pregnant workers. An employee, represented by the GMB Union, reported that Amazon had not protected them whilst pregnant, as they told her that she could not transfer departments and must continue picking, which is physically strenuous for a pregnant woman. Amazon responded to the allegations by stating that they accommodate for their employees’ “medical needs, including pregnancy-related needs”.

Amazon have since defended their protection of pregnant workers and confirmed that they conduct thorough risk assessments for pregnant workers. This case drew a lot of attention from the media because conducting risk assessments in the workplace is taken very seriously.

Therefore, it is important to know how to conduct a general risk assessment for the workplace, as well as a risk assessment for pregnant employees.

You must tell your employer that you are pregnant by the 15^th week before your due date. If you would like to tell your employer earlier than this, you certainly can. This can be a daunting prospect for some expectant mothers and therefore as an employer, you must be supportive and considerate of your employee’s news. If your employer does not treat you fairly or changes their behaviour towards you now that you are pregnant, this is a sign of maternity discrimination and unfair treatment. Therefore, knowing how to tell your employer about your pregnancy will help you to feel at ease.

How to tell your employer that you are pregnant

Telling your employer that you are pregnant can raise a range of natural worries: Will my employer treat me differently now that I am pregnant? How will this affect my career after I have given birth? How will my colleagues respond to the news of my pregnancy? Most expectant mothers experience these types of worries. However, your employer and colleagues should be as supportive as possible, to ensure that you are comfortable and safe during your pregnancy in the workplace.

Telling your employer that you are pregnant will help to ensure that there is no confusion and that your health and safety is a priority in the workplace.

Firstly, in the UK you don’t have to tell your employer that you are pregnant until the 15^th week before your due date. If you would like to tell your employer earlier than this, then you are free to do so. Secondly, provide the notification of your pregnancy in writing to you employer. Then, your employer should organise a meeting to discuss the following factors:

• Health and safety factors associated with your pregnancy in the workplace.
• Your intended date to begin your maternity leave, as the earliest date you can start your maternity leave is 11 weeks before your due date.
• If you want to receive your statutory maternity pay.
• Any facilities you require.

Finally, your employer should carry out a risk assessment to ensure you are safe to work whilst pregnant.

If your employer reacts unfavourably to your pregnancy or is not as supportive as you would expect, they could be breaching their responsibilities under the Equality Act 2010. The Equality Act 2010 states that new mothers should not be discriminated against or be subject to unfair treatment. Therefore, if your employer is treating you unfairly due to your pregnancy, it is important to seek advice regarding this.

Unusual behaviour to look out for:

• Your employer reduces your hours without a logical and agreed reason.
• Your employer begins to disregard you and treat you unfairly.
• Your employer does not acknowledge your pregnancy related sickness or is rude to you regarding your time off because of this.
• Your employer does not acknowledge your rights regarding maternity leave or maternity pay.

In September 2016, the Equalities and Human Rights Commission’s research has recorded that around 390,000 working mums a year report experiences of discrimination at work due to their pregnancy. Many women are made redundant, bullied, treated unfairly or fired by their employer due to their pregnancy. Pregnant Then Screwed, a pressure group which actively campaigns to end maternity discrimination, is part of a drive in the UK to end unfair treatment of new and expectant mothers in the workplace.

Your pregnancy should be enjoyable and as comfortable as possible. Therefore, knowing how to tell your employer that you are pregnant properly and your rights regarding pregnancy is of the utmost importance.

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If you are working whilst pregnant or returning to work after maternity leave, you can certainly ask you employer for reduced hours – however, this will come with certain changes to your maternity pay. Working reduced hours can benefit your health and your relationship with your child, so it is important to speak to your employer regarding your working hours. If you decide upon an agreement with your employer, which is in the best interest of you and your health, ensure this reduction to your hours is confirmed in writing and you understand how these changes might affect you.
Working hours as a new or expectant mother
The Amsterdam Born Children and their Development research group conducted research into different effects on developing babies. The research concluded that the effects of stress on a child in the womb can be significant. It has been considered that whilst you are pregnant, working more than 32 hours a week could pose a risk to you and your unborn child.
It has been found that stress increases the level of cortisol, which can lead to further health complications. Therefore, it has been advised that working mothers in stressful jobs should work reduced hours, to avoid the effects which stress can have.
Currently, in the UK you can continue working your usual hours, which can be up to 40 hours a week, if a risk assessment has confirmed that the working conditions are safe. You must prioritise your health and decide whether it is appropriate to work reduced hours.
Reduced working hours for a new or expectant mother
If you feel that working whilst pregnant is leading you to feel ill and severely tired, it is important to speak to your employer and manager about this. If your illness is a direct effect of unsafe working conditions, then your employer is responsible for ensuring that these working conditions are rectified. As an employer, it is your responsibility to ensure that working conditions are safe and appropriate for pregnant employees to continue working.

If your employer assesses the working conditions and concludes that your job is too tiring, then they can reduce your working hours to make your role feasible. If your employer reduces your work hours due to working conditions, then this should not affect your pay or your maternity pay. However, if working conditions are suitable but you ask your employer to reduce your hours, then this will affect your pay and maternity pay.
Sweden is renowned for their progressive policies on gender equality, particularly their policy on parental leave. Sweden’s policy for parental leave is notably generous, as it includes paid time off and reduced working hours for both parents who have returned to work. Sweden’s initiative upholds the belief that both parents should have equal roles in raising their children and spending time with their children.
The Swedish government’s statutory paid leave after having a young child enter the family is 240 days for each parent, which is paid with 80% of their normal salary. The policy even includes extra days for those who have twins. Sweden’s policy offers fathers the largest number of leave days over any other county, as there are statutory 90 days reserved for each parent, which cannot be transferred. The 240 days offered to each parent can be taken up until the child is 8 years old, meaning that you can prioritise different years of the child’s life.
It is important to prioritise your health and your child over your working hours. Therefore, knowing how to conduct this process properly in co-operation with your employer is of the utmost importance.

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As a new mother, if you wish to breastfeed in the workplace when you return to work, you have the right to do so safely. Whether this is expressing milk in a private area or whether your child is in the workplace nursery, you have the right to breastfeed and express milk in the workplace. According to the Workplace (Health, Safety and Welfare) Regulations 1992, an employer legally must provide “suitable facilities” for new and expectant mothers in the workplace. Therefore, an employer must ensure there is a safe, clean and private area for women to breastfeed or express milk in the workplace.

If you wish to breastfeed or express milk whilst at work, you must give your employer written warning of this, so that the employer can prepare for your needs. A meeting should be organised to voice all health and safety risks associated with breastfeeding in the workplace, and a risk assessment should be carried out to ensure breastfeeding in the workplace can be done safely.

What facilities should an employer provide for breastfeeding employees?

As an employer, you must provide “suitable facilities” to accommodate new and expectant mothers in the workplace. This includes ensuring that new mothers who wish to express milk or breastfeed in the workplace can do so comfortably and safely.

The space for women to either express milk or to breastfeed should comply with the following:

• A private space.
• A secure space, specifically with a lock on the door.
• Access to a plug socket in the room, to allow a breast pump to be plugged in.
• A clean space.
• A comfortable space where the employee can rest.
• A fridge available to store the expressed milk until the end of the day.
• A toilet does not qualify as an appropriate area for an employee to breastfeed or express milk.

If your employer fails to provide suitable facilities for new mothers to breastfeed in the workplace, they will be breaching the Workplace (Health, Safety and Welfare) Regulations 1992, and therefore you should report this to the UK’s Health and Safety Executive.

Breastfeeding in the workplace

Some women will require an area to breastfeed their child in the workplace. There are a range of ways in which you can breastfeed your child in the workplace, such as the following:

• If your childcare is close to your workplace or is on-site, you could arrange to breastfeed your child during your breaks.
• If a family relative lives close by, they could bring your child into work during your breaks to allow you to breastfeed during the day.
• You could ask your employer whether it would be feasible to have flexible working hours, which could work around your breastfeeding schedule.
• The Human Resources (HR) department in your workplace can help you to organise your breastfeeding arrangement.

As an employer, if you support breastfeeding mothers in the workplace, it will increase the morale in the workplace and increase the appeal for potential recruits to join your organisation.

In September 2016, easyJet airline experienced a dispute with two employees, Cynthia McFarlane and Sara Ambacher. These two easyJet employees, who were members of the cabin crew, wanted to continue breastfeeding when they returned to work after their maternity leave. However, the two employees were required to work on a roster pattern by their employer, which meant that the length of the shift was constantly changing.

Consequently, both employees had to work for long periods of time as cabin crew but were told that they could not breastfeed during the flight. The employees asked if they could work a maximum of 8 hours during a shift, and if this could not be arranged, then they asked if they could be re-allocated to ground duties where they would be able to express milk, but the employer declined.

This long period of time where the employees were not allowed to express milk increased the serious risk of mastitis, milk stasis and engorgement, which are serious health problems associated with not expressing milk regularly enough. EasyJet were found guilty for subjecting Cynthia McFarlane and Sara Ambacher to indirect sex discrimination. Consequently, the two employees were compensated for their financial loss and for injury to feelings.

Understanding how to breastfeed safely in the workplace is of the utmost importance for new mothers and employers.

As a new or expectant mother, you can certainly continue to work if you wish to do so. There are many mothers who work whilst they are pregnant and return to work whilst they are breastfeeding. It is up to your personal preference. If you choose to work as a new or expectant mother in the UK, there is health and safety legislation in place to protect you whilst you continue to work. The UK government are trying to ensure that employers are upholding a safe and inclusive workplace, free from discrimination, for new or expectant mothers to enjoy.

It is important to know your legal rights in the workplace as a new or expectant mother, to ensure that your employer does not discriminate against you or treat you unfairly. In October 2019, government figures reported that the number of working mothers in the UK had increased, resulting in more than three quarters of mothers in the UK who are now working. It is important that an individual’s work and family-life balance is protected and maintained for both parents, and therefore legislation in the UK is striving to improve this.

Legislation which protects new and expectant mothers at work

• The Management of Health and Safety at Work Regulations 1999: These regulations require employers to maintain the health and safety of new and expectant mothers in the workplace.
• The Workplace (Health, Safety and Welfare) Regulations 1992: This demands UK employers provide “suitable facilities” to new and expectant mothers in the workplace. This could include a private, clean and safe area for new mothers to express milk during the day.
• The Equality Act 2010: This states that employers must not discriminate against new mothers returning to work from maternity leave. The Equality Act 2010 fully superseded the previous Sex Discrimination Act 1975, which established the precedent that discriminating against males or females would not be tolerated.

In January 2019, the UK Department for Business, Energy and Industrial Strategy voiced plans to offer further protection to new mothers at work, including protecting them from redundancy for 6 months after they return to work. Moreover, parents who return to work from shared parental leave and adoption leave will also receive this additional protection. These steps to protect parents from workplace discrimination have occurred in response to the Equality and Human Rights Commission report, which discovered that up to 54,000 women a year experience maternity discrimination that makes them feel that they have to leave their job after giving birth.

The government’s plan aims to protect new parents from unfair discrimination in the coming future. The Equality and Human Rights Commission commissioned some research which concluded that 1 in 9 women reported that they had been made redundant or fired after they returned from maternity leave. This treatment of new mothers, which has made them feel discriminated against and alienated, is unjust and should not be tolerated.

There is a lot of UK legislation established to ensure that new and expectant mothers are effectively protected in the workplace. Therefore, those who continue to work whilst pregnant and after maternity leave should be supported by their employer.