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.
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.