Interesting one Colin.
First thoughts are: could she not express the milk so that baby could have it at home? Second, would your or her own insurers (presuming business driving insurance as I have) allow or authorise an infant and another non-employee in the car during business travel? Is it actually business travel? The driver is not an employee but is driving your employee. It is business travel by your employee but what are the implications for coverage of HASAWA during these business journeys? Your employee may be covered but her partner and child would presumably not be. In the event of an accident on the road, would you as an employer have vicarious liability for the partner or child if they were injured? If it is business travel would the partner require some sort of licence eg a chauffeur's? Presuming your employee would be breast feeding, this would mean that the partner is driving your employee during her business trip. When this happens on public transport, eg bus or train other insurances cover the situation: how do you propose demanding appropriate insurance from a member of the public who will be driving your employee?

Would you be discriminating by refusing? On the other hand, thinking aloud would you allow a female member of staff to bring her infant to work in the office so that she could breast feed during work hours? If it is during their break you cannot really stop them, unless it is inappropriate on the premises due to the nature of the workplace/security, in which case they would have to exit the building etc, but where my wife works her maternity policy states that the employer has to provide facilities to express milk if it is requested. Have you checked your maternity policy for any similar statements?


I would get legal and insurer advice if necessary. If my comments above are negative then I apologise, it was not meant to be, but every car journey brings risk of accident. Having a screaming baby in the car (bound to happen sometime with a baby, believe me) will not increase concentration on the road and other driving dangers.

Good question though. Sorry about the ramble above, just thinking aloud. Whatever is decided make sure that it is balanced and that you can defend your decisions as reasonable in the situation, based on professional advice. Looking at my post above I imagine that I have not actually helped! But I may have asked come questions which you need to address from a legal perspective.

Colin
this is of course already covered by the HSE under the expectant mothers guidance
http://www.hse.gov.uk/mothers/healthprof.htm
Under current discrimination laws, I think you must assess to allow this , not say, it is too difficult for us to to cope with this!
Having a free chauffeur is probably the safest from of travel. Pay private milage use for as long as she wishes to take baby with her (under her own insurance) then revert to Co car policy. You can break your own policies provided you all agree why and it ts documented. Involve HR and OH if you have them
best wishes Peter

I do have a copy HSG122 and whilst this is a useful publication I think that this situatuion is a bit out of the ordinary. My conflicting views where that while we should support breastfeeding mothers with facilities and storage for expressing, and if we were a larger company a creche. On the other side I think that it may not be appropriate to employ somebody in a field based role knowing that they intend to travel around with their partner and 8 week old child as they do not want to express. They would be the driver on all business journeys and her partner is only travelling in order to look after the baby. This of course means that we cannot provide any facilities as we do not control the premises she visits and potentially her partner and child will be left in a car all day. As an organisation should we not consider the welfare of her child.

Saying that our legal department have pouinted out that our HR policy on home / field working precludes caring for children and so I do not believe that a job offer will now fo ahead. Thanks for all your help.

1) Partner will quickly get fed up spending the day in the car, as will baby. At least if they were in the house all the facilities are to hand (kitchen, toilet, toys, cot, etc etc).

2) A car seat is for transporting baby from A to B in the car, not to be kept in for extended periods as this can put pressure on the baby's spine: http://www.babycentre.co...orbaby/carseats/newborn/

3) Some relevant cases: http://www.telegraph.co....mo-ban-costs-170000.html and http://www.mayerbrown.co...le.asp?id=1239&nid=6

4) Seek legal advice on how to best handle this.

KT