Although there is no express duty on employers to provide facilities for breastfeeding or expressing milk at work, the provision of a private clean environment and fridge for storage is recommended by HSE and Acas guidance. A recent tribunal hearing illustrates how a failure to do so could also be unlawful harassment related to sex.
In Mellor v MFG Academies Trust, a teacher was refused a private room and so forced to express milk in her car or the (unhygienic) school toilets while eating lunch. The tribunal held that the employer's conduct had the effect of creating a degrading or humiliating environment, and was related to sex given that the need for privacy arose from the intimate nature of the activity and because Ms Mellor is a woman. It was therefore unlawful harassment related to sex.
The direct and indirect discrimination claims failed in this case, but these could also be potential claims on other facts. Employers should therefore give careful consideration to any request for facilities to express and store milk.
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