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Landmark Ruling on Breast-Feeding Mothers at Work


    Date:
    27 Oct 2003

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    A landmark ruling from the Employment Appeals Tribunal (EAT) has removed the right of thousands of new mothers returning to work to breast-feed their babies in the workplace, reports the Independent.

    In a previous ruling last year, an employment tribunal ruled sex discrimination against Mrs Helen Williams, 31, after the RAF told her she would have to take unpaid matenity leave if she wished to continue to breast-feed her baby beyond her maternity leave period. The RAF's internal guidance on maternity procedures states that breastfeeding should not intefer with a service-woman's duties. The case set a precedent for thousands of mothers wishing to breast-feed and return to work.

    This new ruling from the EAT removes any such right for mothers to breast-feed at work. The case is ordered to be reheard by a separate appeals tribunal panel.

    In its ruling the EAT acknowledged the duty of employers to assess the risk posed to a new mother and her baby when returning to the workplace. Guidelines from the HSE, available at www.hse.gov.uk/mothers/index.htm sets out the HSE's advice on protecting the health and safety of new and expectant mothers at work.

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