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What you owe nursing employees when they return to work


What you owe nursing employees when they return to work
What you owe nursing employees when they return to work

Support from an HR consultant in Camden, London on understanding your obligations to breastfeeding employees and how to get this right.


As a small business owner, you might assume that breastfeeding at work isn't something you need to worry about until it comes up.


By that point, you could already be exposed to a discrimination claim with uncapped financial damages.


Most employers I speak to have no idea they carry specific legal duties towards employees who are nursing after maternity leave.


The good news is that meeting those duties is straightforward once you know what they are.


Here's what you need to understand and what to put in place.


Your duty to carry out a risk assessment


The Health and Safety at Work Act 1974, together with the Management of Health and Safety at Work Regulations 1999, requires you to conduct a risk assessment for new and expectant mothers. What many employers miss is that this obligation extends beyond pregnancy and maternity leave itself. If an employee has returned to work and is still breastfeeding or expressing milk, she falls within scope.


This means you can't simply close the book on health and safety considerations once someone is back at their desk. The risk assessment needs to reflect her current circumstances, including the fact that she may need to express during the working day.


Providing a private space


You are legally required to offer somewhere suitable for an employee to breastfeed or express milk. "Suitable" has a clear meaning here: the space must be clean, private and appropriate.


A toilet cubicle does not qualify. Both HMRC and HSE guidance are explicit on this point, and it arises more frequently than you might expect.


You don't need to build or designate a permanent breastfeeding room. A spare office or a private area with a lock, a chair and a surface is perfectly adequate. The key requirement is that your employee can use the space with dignity.


Accommodating flexible working requests


Under the Employment Rights Act 1996, you should make reasonable accommodations when an employee asks for adjusted hours or flexible breaks to facilitate breastfeeding or expressing.


ACAS guidance goes further and encourages employers to allow short, unpaid breaks or minor adjustments to working hours for this purpose. It's worth noting that you are not legally obliged to pay for these breaks. But you do need to accommodate the request itself where it is reasonable to do so.


The harassment and discrimination exposure


If a nursing employee feels pressured or embarrassed about needing time or space to express milk at work, that experience could form the basis of a harassment claim.


The risk goes further than that. Where an employer refuses to provide a private space or allow breaks, and the employee feels she has no option but to resign, a constructive dismissal claim becomes a real possibility. If she is dismissed or penalised in any way connected to breastfeeding, that dismissal could be deemed automatically unfair.


You don't need to be acting with deliberate intent for this to happen. A manager who is dismissive about a request, or inconsistent treatment across the business, can be enough to give rise to a claim. As part of our HR consultancy services in Camden, I regularly help employers identify and close these kinds of gaps before they become problems.


What practical support actually looks like


Getting this right doesn't require a large investment of time or money. There are a few fundamentals that make a real difference.


First, have a written policy in place that your managers are aware of. Consistency matters. If one manager handles a request well and another dismisses it, you have a problem.


Second, identify a suitable private space before the employee returns. Don't wait for the request.


Third, build in reasonable flexibility around break times. A short adjustment to the working day is a small concession with a significant impact on how supported that employee feels.


Finally, have a conversation with the employee before she comes back from maternity leave. Talk through the arrangements so she knows what to expect on day one. An employee who returns knowing her employer has already thought about this is far more likely to settle back in quickly and stay long term.


Why this matters commercially


The return from maternity leave is already a period where employees are more likely to consider whether they want to stay. If the experience of coming back is difficult or feels unsupportive, you increase the chance of losing someone you've spent time developing.


Retention has a direct cost. Recruiting and training a replacement takes time and money. Supporting a nursing mother well is a relatively small effort that can have a meaningful impact on whether she stays.


It's also worth being aware that parental rights are being strengthened under the Employment Rights Act, with enhanced maternity protections expected in 2027. Scrutiny in this area is only going to increase. Addressing it now, while the steps are simple, is far easier than dealing with a complaint or claim later.


Questions worth asking yourself


Before you move on, it's worth considering a few things about your own business:


  • Do your managers know what to do if an employee returning from maternity leave asks for time or space to express milk?

  • Have you identified a suitable private area that could be used for this purpose?

  • Is there a written policy that covers breastfeeding and expressing at work?

  • When was the last time you reviewed your risk assessments for new and expectant mothers?


If you're unsure about any of these, it's worth taking a closer look.


How we can help


We can conduct a risk assessment for new and expectant mothers, help you draft a clear breastfeeding and expressing policy, and ensure your managers understand how to respond to requests appropriately.


If you're not confident that your current arrangements meet what the law requires, let's have a conversation about it.


As an outsourced HR consultant in London, I work with small businesses across the area to provide pragmatic, commercially focused HR support.


Get in touch and we can arrange a discovery call to talk through your situation.


Mobile: 07897053026





 
 
 

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