CASE UPDATE: Harassment & breastfeeding mothers

Harassment occurs when an employee faces unwanted conduct in the workplace that violates their dignity or creates a hostile or offensive environment. For it to qualify as actionable harassment under the Equality Act, it must be connected to one of the nine protected characteristics. 

In the recent case of Gibbins v Cardiff and Vale University Local Health Board, (EMPLOYMENT TRIBUNALS)  an employer failed to provide a breastfeeding employee with a lockable room to express milk, leading to a finding of sex-related harassment.  

When the employee returned to work after maternity leave, the employer did not provide a room with a lock so she could continue to express milk for her child. Consequently a colleague walked in on her while she was expressing milk. The employer’s response was to suggest she prop a chair against the door and use a "do not disturb" sign. Although the employer apologised and eventually provided a lock, the issue arose again when the employee had a  second child as she was told the locked space would only be available to her at specific times.  

The tribunal ruled that the employer's actions were related to her sex, as they involved breastfeeding and that the lack of proper facilities meant her claim of sex-related harassment was successful.  

This case reminds employers that breastfeeding employees should have access to private, secure spaces to express milk on their return from maternity leave, both to avoid legal risk and support mothers in the workplace. 

If you need help with any of these issues, please contact us on hello@fentonelliott.co.uk or 01635 896336.

This article is a summary of issues and we recommend taking legal advice before taking any formal action.