Harassment happens when an employee faces unwanted actions that violate their dignity or create a hostile or offensive environment. For it to qualify as harassment, it must be connected to a protected characteristic.

In the case of Gibbins v Cardiff and Vale University Local Health Board, an employer failed to provide a breastfeeding employee with a lockable room to express milk, leading to a finding of sex-related harassment.

When the employee returned to work after having her first child, the employer did not provide a room with a lock. A colleague walked in on her while she was expressing milk. The employer suggested she prop a chair against the door and use a “do not disturb” sign instead. Although the employer apologised and eventually provided a lock, the issue arose again after her second child, when she was told the locked space would only be available at certain times.

The tribunal ruled that the employer’s actions were related to her sex, as they involved breastfeeding. The employee felt anxious, worried and belittled due to the lack of proper facilities. Her claim of sex-related harassment was successful.

This case highlights the importance of employers ensuring that breastfeeding employees have access to private, secure spaces to express milk. Aside from the clear legal risk of failing to do so, there is also the wider employee relations issue in play of fostering a supportive workplace environment.

For further information, please contact Kerry Curd in the employment team on 01626 202406 or email KerryCurd@wbw.co.uk.

WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.