This is the statement by the Equal Opportunities commission who say that women havn't lost the right to breastfeed.
Women have not 'lost the right to breastfeed at work' as has been
reported in the media this week.
Under health and safety legislation employers are required to provide
pregnant and breastfeeding women with a place to rest. The Health and
Safety Executive also recommends that employers provide women who are
breastfeeding with suitable rest periods, access to a private room to
express milk, and somewhere to store milk.
These facts are not changed by the recent employment appeal tribunal
decision in Helen Williams's case against the MoD. Last year Helen
Williams won her sex discrimination case. She brought her claim because
she felt she had no choice but to resign from her post as an Engineering
Officer as the MoD's guidance on maternity arrangements stated that if
she wanted to continue breastfeeding beyond her maternity leave period
she would have to take unpaid occupational maternity absence.
Her employer appealed against the tribunal's decision. The employment
appeal tribunal has decided that the part of her case that relates to
breastfeeding should be heard again by another tribunal, because the
original tribunal made an error of law in the way it approached the
case. If the case is successful at the tribunal it will extend
protection against discrimination for breastfeeding women.
Jenny Watson, Deputy Chair of the EOC, said:
"The law requires employers to give breastfeeding women a place to rest
and many good employers provide more than this. They recognise that it
makes sense to give women who want to continue breastfeeding after
returning to work some flexibility to enable them to do so. The
practical reality of modern mothers' lives means that many return to
work while they are breastfeeding. We believe that they should be
protected from discrimination on grounds of maternity in the same way as
women on maternity leave.
"If women who want to are not able to continue breastfeeding when they
return to work, some, like Helen Williams, a highly regarded and
competent Engineering Officer, will feel forced to leave their job
altogether. This is a bad outcome for employers, who cannot afford to
lose women's skills and experience, as well as for individual women."