Breastfeeding and the Law

Does a woman have a "right to breastfeed" under UK law?  

Not as such.  We have no law making it a criminal offence to prevent a woman from breastfeeding, as they do in Scotland.  Nor does our legislation currently provide a right to additional breastfeeding breaks at work, as it does in Norway and many other European countries.  However, if a woman is treated less favourably because she is breastfeeding in a public place then this will constitute unlawful discrimination under the Equality Act 2010.  

When the Equality Act came into force there was much concern that a breastfeeding mother would only receive protection from discrimination for the first six months of her baby's life.  Sure enough, the section on "maternity" (s17) states that the protection granted is limited to the first 26 weeks after birth.  However, these maternity rights have more impact on mothers in the workplace.  When it comes to breastfeeding in a public place, section 13 clearly states that treating a woman less favourably because she is breastfeeding constitutes direct sexual discrimination, regardless of the child's age. 

In practise this means that the owner of a cafe, hotel, cinema or other public building cannot ask you to stop breastfeeding or refuse to serve you, no matter how old your baby is.  You have the right to be treated with as much dignity and respect as any other customer.  These provisions also apply to all modes of public transport as well as parks and other public spaces.

A business may ask a breastfeeding mother to leave their premises for a reason that is not connected to breastfeeding (e.g. swearing or violent conduct) but if the case goes to court the onus is on them to prove that they did not discriminate on the grounds of breastfeeding.

Under the Equality Act 2010 it is also unlawful to discriminate against the companions of those protected by the Act.  So, an insult to the husband or friend of a woman who is breastfeeding her child may also be unlawful if it arises because of her breastfeeding.

Employers have a duty to make sure their employees comply with the law.  The owner of a public place - cafe, for example - may also have a responsibility for the behaviour of other customers towards a woman who is breastfeeding.  This will be the case if the behaviour has been brought to their attention and they have failed to act.  Therefore, if another customer objects to a woman breastfeeding in public, it is that customer, and not the breastfeeding woman, who should be asked to leave.

Exemptions:  There are very few exemptions to where a woman may breastfeed in public.  However, by nature if a woman can lawfully be excluded from a space or organisation she can also be excluded from breastfeeding there.  It is also legal to prevent a woman breastfeeding where there are legitimate health and safety risks e.g. toxic chemicals.

If you have a complaint:  If you are discriminated against because you are breastfeeding, you should first take it up with the organisation who has discriminated against you (or where the discrimination occurred).  If you cannot resolve the matter this way, you can bring an action through the County Court.  Cases must be started within six months of the incident, and you should always seek legal advice first.    

What have your experiences been of breastfeeding in public? Let us know by commenting below...

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