World Breastfeeding Week is an opportunity to celebrate the benefits of breastfeeding and raise awareness of the support that breastfeeding parents need both at home and in the workplace.
For many employees returning from maternity leave, balancing work and breastfeeding can present practical challenges. Employers play a vital role in ensuring that those challenges do not become barriers to a positive and successful return to work.
This year’s World Breastfeeding Week provides a timely reminder that supporting breastfeeding employees is not just a matter of good practice – it is vital in creating inclusive, people-first workplaces, where everyone can thrive.
The Employment Tribunal case, Mellor v The MFG Academies Trust (Case no. 1802133/2021, Employment Tribunal, 2022), highlights the consequences of failing to provide appropriate support and offers valuable lessons for employers seeking to foster a more inclusive and supportive working environment.
Recent guidance from the European Court of Human Rights (ECHR) has further reinforced the importance of supporting breastfeeding employees in the workplace. It serves as a timely reminder that creating an inclusive workplace means considering the practical support employees may need when returning from maternity leave. You can also read our recent blog ‘Breastfeeding & Pumping at Work: What Employers Need to Know About?’ [Marketing: Please add a link to Liss’s breastfeeding blog here.]
What Happened?
In Mellor v The MFG Academies Trust, the Tribunal considered whether a school’s failure to provide facilities for a returning mother to express breast milk amounted to unlawful discrimination.
Ms Tara Mellor was a teacher at Mirfield Free Grammar School, part of the MFG Academies Trust. Before returning from maternity leave in 2010, she informed the Trust on several occasions that she would need access to a private room to express breast milk during the working day. Despite her repeated requests, no suitable facilities were provided.
As a result, Ms Mellor felt she had no realistic option but to express milk either in the school toilets or in her car on her 25-minute lunch break.
The Tribunal heard that Ms Mellor had been provided with appropriate facilities following her first maternity leave; however, she was told that, due to COVID-19 restrictions, she could not breastfeed on site. No alternative arrangements were put in place for expressing milk.
What Claims Were Brought & Tribunal’s Decision?
Ms Mellor brought claims for:
- Indirect sex discrimination
- Direct sex discrimination
- Harassment related to sex
Ms Mellor succeeded in her claim for harassment related to sex.
The Tribunal found that she genuinely and reasonably felt that she had no choice but to express milk in the toilets or her car. Since she was effectively forced into these circumstances, the Trust’s conduct created a degrading and humiliating environment.
Importantly, the Tribunal held that the need for privacy arose because expressing breast milk is an intimate activity connected to Ms Mellor being a woman. The treatment was therefore related to sex and amounted to unlawful harassment.
What was the value?
Following a successful claim for harassment related to sex, Ms Mellor was awarded approximately £40,000 in compensation by the Employment Tribunal. The award included compensation for injury to feelings. It reflected the distress and degradation she experienced due to being forced to express breast milk in either the school toilets or her car.
Top 5 Lessons for employers
- Take requests seriously and act on them If an employee tells you they will need facilities to breastfeed or express milk when they return from maternity leave, don’t wait for repeated reminders. Early planning can help avoid legal risk and create a more supportive return-to-work environment.
- Don’t assume employees will “find somewhere” The Tribunal criticised the suggestion that Ms Mellor could simply use any available room. Employers should proactively identify and provide a suitable, private, space in advance.
- Toilets are not suitable facilities A toilet is not an appropriate place to express breast milk. Employers should provide a clean, private and safe environment that protects dignity and well-being.
- Carry out individual risk assessments Employers have duties towards new and expectant mothers, including carrying out appropriate workplace risk assessments and considering any adjustments that may be required.
- Train managers and communicate effectively A recurring issue in this case was poor communication between managers and HR. Requests relating to maternity, breastfeeding, and family-friendly rights should be clearly recorded, discussed and followed through.
How can we help?
At Thrive Law, we help organisations create workplaces where people can thrive.
Our team supports employers with:
- Maternity and family-friendly workplace policies
- Equality, diversity and inclusion strategies
- Workplace investigations and grievance management
- Discrimination and harassment prevention
- HR training for managers and leaders
- Employment Tribunal defence and litigation support
For employees, we provide clear and compassionate advice when workplace rights may have been breached.
Our people-first approach means we focus not only on legal compliance, but on building cultures where individuals feel valued, respected and supported.
Final thoughts
World Breastfeeding Week provides an opportunity to reflect on how workplaces support parents returning from maternity leave.
The decision in Mellor v The MFG Academies Trust demonstrates that seemingly simple work arrangements can have a significant impact on an employee’s dignity, well-being, and experience at work.
For employers the message is clear – proactive support, open communication and suitable facilities are not just good practice, they are essential to creating an inclusive workplace where all parents can thrive.
If you need support reviewing policies, training managers on maternity rights, or building a more inclusive workplace culture, Thrive Law can help: enquiries@thrivelaw.co.uk
