A healthcare worker has successfully brought a case for harassment against a Welsh NHS health board after being denied appropriate private facilities for expressing breast milk upon her return from maternity leave. Robyn Gibbins, in testimony before an employment tribunal, shared her disappointment with the trust in Cardiff after they failed to provide her with a lockable room.
Ms Gibbins told the tribunal a troubling incident in which a male colleague entered while she was in the process of expressing, and how it was suggested that she secure the door using a chair as a makeshift lock. Following her grievance, Ms Gibbins received an apology with assurances that “things would be different” for her post the birth of her second child, the panel heard.
Nevertheless, upon returning from her second maternity stint, Gibbins again found herself without access to a private, secure space as promised. Stay informed on the latest health news by signing up to our newsletter here
An employment judge has ruled in favour of a payout for the woman who faced “harassment related to sex” at work. The tribunal heard that MS Gibbins started her role as a healthcare support worker at the University Hospital of Wales in Cardiff in May 2019.
After returning from her initial maternity leave in August 2021, she informed her superiors of her intention to continue breastfeeding and requested a room with an internal lock for privacy.
However, instead of providing a secure space, she was given a sign to hang on the door and advised to barricade the door with a chair, according to what was presented at the tribunal in Cardiff.
Gibbins expressed her indignation, stating: “It is so undignified to be asked to prop a chair up against a door to express and also it’s a fire risk.”
She also conveyed feelings of vulnerability, degradation, and concern for her privacy. On one distressing occasion, a male colleague entered while she was expressing milk, leaving her feeling “exposed, undignified and very embarrassed”.
It wasn’t until October that she was informed a lock, costing a mere £5.50, had been installed on a ward manager’s door. Following her second maternity leave in 2023, Gibbins found that a lockable room was only sporadically available. She voiced concerns about potential illness and the sense of being a “burden”.
Employment Judge Rachel Harfield noted: “Expressing is an intimate, personal activity where what are the appropriate arrangements will vary from individual to individual. Different people will have different expectations and preferences as to what constitutes privacy for them. It is important that an expressing mother feels secure and relaxed when expressing because otherwise expressing may not be effective.
“We find that the absence of the lock left [Gibbins] feeling worried, apprehensive and anxious, even with the do not disturb sign, about the risk of people walking in. She felt belittled by the lock not being provided, by her needs not being met, that her needs were not being taken seriously and by her ongoing resulting vulnerability that could leave her exposed or by not being able to express effectively.
“Not being given an internally lockable room on the ward was, in our judgment, unwanted conduct that related to sex in the sense of being related to breastfeeding.”
A trust spokesperson said: “Cardiff and Vale University Health Board is committed to ensuring all colleagues are treated respectfully, with dignity and without discrimination or prejudice. We are fully cooperating with the employment tribunal and are unable to comment further at this stage.” A hearing to decide Gibbins’s compensation will be held at a later date.