Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, if he will amend the Equality Act 2010 to require employers to (a) allow paid breaks for breastfeeding mothers, (b) provide facilities for them to feed and store milk and (c) produce a formal written policy on breastfeeding.

There are clear legal requirements on employers in relation to workplace risk assessments and women who have recently given birth. Under Regulation 3 of the Management of Health and Safety at Work Regulations 1999 (MHSWR), employers and self-employed people must assess the health and safety risks arising out of their work. Under the Workplace (Health, Safety and Welfare) Regulations 1992, employers must provide suitable rest facilities. Employers must provide suitable rest facilities for pregnant and breastfeeding mothers.

The Health and Safety Executive has recently completed a review of its guidance for employers and workers, including pregnant women and new mothers. The guidance, “New and expectant mothers who work”, contains a clear recommendation that employers provide a private, healthy and safe environment for nursing mothers to express and store milk. It makes clear that it is a mother’s decision whether she wishes to breastfeed on her return to work. The guidance also suggests that written notification from a woman that she is pregnant or breastfeeding can prompt the employer to revisit their risk assessment to identify if they need to do more to avoid exposing the mother or baby to risk.