Most employers know that breastfeeding is protected under the Equality Act. Fewer have thought carefully about what that actually requires of them day to day, or what it feels like to be a new parent trying to manage it in a workplace that hasn’t really considered it.
The updated EHRC Code of Practice, published in May 2026, gives a clear example that conduct relating to breastfeeding can constitute unlawful harassment on the grounds of sex, not just direct discrimination. That means asking a breastfeeding woman to move, cover up, or find somewhere more private can engage harassment provisions. Conversely, this also means that the legal risk is wider for employers.
But the law is the bare minimum. The more useful question for employers is whether their workplace actually works for someone who is breastfeeding or pumping, because in most cases, nobody has ever sat down to think about it properly.
Why it matters
Returning to work while breastfeeding or pumping is physically demanding in a way that is easy to underestimate if you haven’t done it.
- Milk supply is time-sensitive.
- Expressing takes longer than most people expect.
- Bodies don’t work around meeting schedules.
And all of this is happening while someone is also navigating a return to work after maternity leave, with everything that brings emotionally and practically.
When the workplace hasn’t thought about pumping, the message, however unintentional, is that this is the employee’s problem to manage around the organisation. That has a real effect on how welcome people feel, and on whether they feel any loyalty to their employer in the long run.
What to think about
Facilities
A breastfeeding or pumping employee needs a private space that is clean, lockable, and not a toilet. If you don’t have a dedicated room, think about what you can offer: a bookable private office, a first aid room with a lock, somewhere with a chair and a surface. A fridge for storing milk is another reasonable provision.
Time
Expressing takes time, and it needs to happen at regular intervals. A policy that says “employees may take breaks to express” without thinking about how that works in practice, especially for roles with set hours or client-facing responsibilities, isn’t really a helpful policy. Expressing is also an individual experience; some people need to do it multiple times a day. Others, only once a day. Talk to the employee before they return about what they need, and build flexibility into the plan. Little things like allowing them to block out their calendar can help them feel supported.
Manager awareness
Most problems in this area don’t start as legal problems. They start as a manager who doesn’t know what to say, who makes an offhand comment, who books a meeting over someone’s blocked out space, or who books the only private room for a meeting and doesn’t think about why that matters. Manager briefing doesn’t need to be lengthy, but it needs to take place so they understand their role and don’t undermine the support an employer puts into place.
The return to work conversation
Before a breastfeeding employee comes back, you should have a conversation specifically about this. Ask what they need. Don’t wait for them to raise it. The fact that they might feel awkward asking is exactly why you should ask first.
Policies
Your maternity and breastfeeding policy should set out what employees are entitled to, what facilities are available, and who to speak to if there’s a problem.
When breastfeeding ends
At some point, breastfeeding also ends, which people don’t often talk about.
For some people, stopping breastfeeding brings a shift that’s really hard to manage. Personally, it was one of the lowest periods I can remember, not because anything was wrong, but because of what that hormonal change does to you. It can feel like withdrawal, because in some ways it is.
If you’re committed to supporting breastfeeding employees, make sure that support extends to this transition too. Employees should know what’s available when that chapter closes, whether that’s your EAP, a conversation with HR, or a manager who’s been asked to check in. The end of breastfeeding doesn’t mean the need for support ends.
How Thrive Law can help
We work with employers on maternity and return-to-work policies, manager training, and practical support for HR teams dealing with pregnancy and parenting in the workplace. If you’d like to review what you have in place, or build something from scratch, get in touch with our team: enquiries@thrivelaw.co.uk.
This blog is for information only and does not constitute legal advice. It reflects the law as at June 2026.
