Anyone had to apply under H&S for time and place to pump at work?

[*Ali*]

A local mum has been denied this and needs to apply to show how her health could be damaged by not being able to pump at work. Wondering if anyone has done this and has suggestions or text?

Shocking thing is she works for the nhs!

[becj86]

Sorry, don't know about this in the UK. I just couldn't leave that without saying how shocked I am, esp. working for the NHS!

[Buttonbobs]

I have no idea about H&S but I'm sure the law says returning mothers have legal protection of the right to pump (and rest) on returning to work. Have you looked at this:

http://www.acas.org.uk/media/pdf/j/k/Acas_guide_on_accommodating_breastfeeding_in_the_workplace_(JANUARY2014).pdf

[*Ali*]

It's only to rest.  That's the document they've given her to say there is no legal right to pump and suggested she put in a claim for H&S.

[creations]

I'm so shocked!

Does this help?

It's up to mothers to decide how long they want to breastfeed. Returning to work doesn't mean a mother has to stop. Before returning to work, she should give her employer written notification that she's breastfeeding. Her employer must then conduct a specific risk assessment.

Workplace regulations require employers to provide suitable facilities where pregnant and breastfeeding mothers can rest.

The Health and Safety Executive (HSE) recommends that it's good practice for employers to provide a private, healthy and safe environment for breastfeeding mothers to express and store milk. The toilets are not a suitable place to express breast milk.

More advice is available to new and expectant mothers on the HSE website or by phoning their helpline on 0300 003 1747. You can also email HSE. 

So it says she has to put it in writing, the employer has to do a risk assessment and to contact the HSE for help.
BTW that's from the NHS website. You'd think they could follow their own advice huh.
http://www.nhs.uk/conditions/pregnancy-and-baby/pages/breastfeeding-back-to-work.aspx#close

Can she go see a solicitor - free first appointment - the childrens centres often have a set day you can make appointments with a solictor.  Maybe a letter from a legal office would make the NHS open their eyes a bit and realise it isn't just about the LAW on resting but that they really ought to follow their own advice and enable mothers to continue to BF and provide a clean private place to express.

[*Ali*]

No, that doesn't help unfortunately. That is the document (it's lifted directly word for word from the acas statement naomi posted) they have quoted to tell her it isn't the law for her to have a room and time to pump or a place to store milk just good practice! They are basically saying it's inconvenient so unless she can prove it would  impact her health for it to be denied they won't accommodate it. Crazy!

She has put the request in writing, alongside requests for pt working, leaving work in time to collect from day nursery and not working nights until she stops BFing at night, but they've all been denied! 

[Buttonbobs]

Wow, that's awful!! That sounds like a completely inappropriate response to a return to work request. Surely those things can't all be against the "business" interests. How utterly awful.

I appreciate the document does say it's not the law, but it also says reasonable requests should be considered, it doesn't sound like they're being at all reasonable in considering this request. I hope she's appealing.

[becj86]

Surely she has breaks during her shift? How can a pumping break be so inconvenient? Can they not give her an extra 10-15min on a statutory break in which to pump? Insane! That or she gets a note from a doctor that says she could get mastitis?

[*Ali*]

They have asked her to write in and claim it will be harmful to her health if she doesn't pump at work but she isn't sure what to write. That was why I posted. I hoped someone had done such a thing before and could make suggestions. The mastitis is a good one.
The issue is also about providing a private room to pump in as yes she could use her breaks in theory but they often skip breaks I think since it is a busy nhs ward.

[becj86]

Ok, I get what you're wanting now xx

So as well as mastitis, supply reduction which will impact her ability to choose to continue to breastfeed (her legal right), cause her pain, the strong possibility of leaking her bodily fluids onto patients (I'm sure that's frowned upon in the NHS!)... these all also apply if she can't achieve letdown because she's in a breakroom with no privacy. Also, BF reduces risk of infections and SIDS for baby and therefore absenteeism for mum as baby is sick less often.

I googled and got these results:
Breastfeeding and going back to work - Pregnancy and baby ...
http://www.nhs.uk/.../Pages/breastfeeding-back-to-work.aspx
Employers have certain legal obligations to breastfeeding mothers. ... the law say about breastfeeding mothers at work? ... http://www.nhs.uk/conditions/pregnancy ...

HSE: New and expectant mothers - The law
http://www.hse.gov.uk › Guidance › New and expectant mothers
Specific health and safety requirements relating to new and expectant mothers at work are mainly ... she is breastfeeding, ... a legal requirement for ...

and neither page is available... servers are down

Well, now they're up again and they're no help I can't believe the law is that they have to provide a place for nursing mothers to rest but not to express. Maybe she can get her 'rest' space and breaks written into some formal document and express there? Have they provided her time and space to rest/lie down?

Sorry, my mind just absolutely boggles that this is an issue for someone working in the NHS

[becj86]

Oh, I can whack that into a risk assessment form if that will help.

[*Liz*]

I know some women who returned to work still BFing to NHS roles.

Can I ask roughly what job she does? To help understand service commitments.

I'm pretty sure my workplace takes women off 13hr shifts whilst feeding etc, and night shifts, but I think only up to when baby is 12 months.

[creations]

Sorry it was no help, I thought it would be a be a long shot.

Could something be said about risk to her emotional and mental health due to the pressure she is being put under by not having these things provided and the worry and mental anguish caused (linked to becs list above, reduced SIDS risk, health for baby etc, being forced to stop BF or making a decision she is not happy with could have huge emotional and mental health implications couldn't it??).
Could the risk of post natal depression due to being unable to BF and make this choice herself be brought into the argument/letter/risk assessment? this might not be the best link or study but maybe it is a route to look down??
http://www.nhs.uk/news/2014/08August/Pages/Failing-to-breastfeed-linked-with-postnatal-depression.aspx
http://www.telegraph.co.uk/news/health/news/11042931/Failing-to-breastfeed-may-double-risk-of-depression-in-mothers-study.html

[Buttonbobs]

How old is her baby? Sorry if you've already said, but i think this would help frame a response in the most suitable way.

[*Ali*]

That's all really helpful thanks. Don't worry about doing an actual risk assessment bec thanks. She can do that, just needed ideas of the risks to include.
I believe she is a nurse and her baby is 6mo.
cheers everyone.