[ql06] PUBLIC: U.K. workplace breastfeeding
- From: "Ken Campbell" <2kc16@xxxxxxxxxxxxxxxx>
- To: <ql06@xxxxxxxxxxxxx>
- Date: Tue, 28 Oct 2003 18:40:41 -0500
[Following the process we've grown to know and love: from tribunal to
appeals body... to court? KEN]
Mothers lose right to breastfeed children at work
By Robert Verkaik
Legal Affairs Correspondent
27 October 2003
The Independent (U.K.)
Thousands of mothers have lost the right to breastfeed at work after an
employment appeal tribunal ruled that women have no legal protection
when they return to their employment after their statutory maternity
period.
The ruling reverses a previous decision that gave mothers the right to
claim sex discrimination if employers failed to make proper provision
for breastfeeding at work.
In a judgment seen by The Independent but not yet published, Helen
Williams, 31, a flight lieutenant with the RAF, has been told that her
landmark victory last year cannot stand. Mrs Williams fell pregnant in
January 2000 but was told that if she wished to continue to breastfeed
beyond her maternity leave period she should take unpaid maternity
leave. The RAF guidance on maternity arrangements also made clear that
breastfeeding could not interfere with a servicewoman's operational
duties.
Although Mrs Williams wished to return from maternity leave on her
agreed date and could not afford to take unpaid leave, she also wished
to continue breastfeeding. She decided to resign.
Last year the employment tribunal ruled that Mrs Williams had been
discriminated against on the basis of her sex. Mrs Williams said then:
"I am delighted that the outcome of the tribunal should bring about
changes that will give women greater freedom to choose to breastfeed
their child without having to compromise their careers or their
financial stability."
But the new judgment by the appeal tribunal rejects any such right to
allow mothers to breastfeed at work.
Julie Mellor, who chairs the Equal Opportunities Commission, which is
supporting Mrs Williams, described the new ruling as a setback for
working mothers. Mrs Mellor said: "Practical realities of modern
mothers' lives mean that many women return to work while they are
breastfeeding. "
The appeal tribunal has ordered Mrs Williams' case to be reheard by a
separate panel.
The Health and Safety Executive has issued guidelines that include new
risk assessments for mothers who have given birth within six months or
who are breastfeeding. In its ruling the appeal tribunal acknowledged
this, reinforcing an employer's duty to assess the job of a
breastfeeding mother to ensure that it presented no threat to her health
or that of her child.
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