Breastfeeding in public: how the law has changed

Recently, the Equality Act came into force and with it new laws were imposed on providers of services and functions, premises, education and associations not to discriminate against breastfeeding mothers or pregnant women. 

Discrimination against breastfeeding mothers has been unlawful in Scotland since 2005 and now similar laws extend to mothers in England and Wales.

What has changed?

Prior to 1st October 2010, if a woman was asked not to breastfeed by, say for example, a service provider such as a coffee shop, she would have no legal right of complaint.  The Equality Act 2010 now makes it unlawful for a woman to be treated unfavourably because she has given birth or is breastfeeding.

What does this mean?

The law is applied slightly differently depending on whether your  baby is under 26 weeks old or over 26 weeks old, however essentially a service provider should not discriminate against a woman for breastfeeding her baby. This means that it will now be unlawful for a service provider to make a woman feel uncomfortable or unwelcome because she is breastfeeding or to force her or her baby out of places because she is breastfeeding. 

The law affects providers of services and functions, premises, education and some associations.  These will includes theatres, shops, coffee shops, banks, hotels, providers of public transport such as train stations, airports and bus stations to name a few.  Also, education providers should not discriminate against a student because she is breastfeeding by refusing her admission or in the terms on which she is offered admission or by excluding her from courses or in the terms she is offered a course.   

What about breastfeeding at work?

The laws regarding breastfeeding at work remain the same and have not been changed by the Equality Act 2010. 

On or before returning to work after maternity leave, if you provide your employer with written notification that you are breastfeeding, the employer must again arrange a specific individual risk assessment.

The employer must also provide a rest place at work if you are breastfeeding. It is also recommended that a private, clean and safe place with fridge facilities is made available if you wish to express milk (although this is not a legal requirement).

What should you do if you think you have been discriminated against?

If you think you have been discriminated against because you are breastfeeding then you should seek legal advice as soon as possible as different claims have different time limits.  Claims against employers should be brought in the employment tribunal three months less on day from the date of the act complained of.  Claims against service providers should be brought in the County Court or High Court within six months less one day of the date of the act complained of.

Jasmine van Loggerenberg is a solicitor specialising in employment law and maternity and pregnancy discrimination at leading law firm Russell Jones & Walker