*/
The complexities of balancing practice at the Bar with breastfeeding are investigated by Sally Rickard IBCLC* with assistance from barrister Charlotte Baker
Recently, I had the opportunity to work with two breastfeeding barristers over an extended period while they navigated caring for their newborns. Their unique challenges – stemming from their desire to breastfeed notwithstanding the demanding nature of their roles – highlighted the complexities of balancing practice at the Bar with breastfeeding. Their insights into trying to breastfeed while juggling the travel, complicated logistics and unpredictable schedules that will be familiar to all of the self-employed Bar were eye-opening, especially in the context of doing so in an historically male-dominated environment.
When Counsel magazine approached me to write about this subject, I was eager to delve deeper into how mothers successfully manage breastfeeding while working at the Bar.
I surveyed 15 women who had breastfed or are currently breastfeeding while practising at the self-employed Bar. Of the 11 responses, two have adult children and therefore their experiences are from some time ago. The remainder all have children at school age or younger. Remarkably, there did not seem to be a huge difference in responses between those who breastfed some time ago and those who have done so more recently.
The survey questions were based around the recurring themes in research which underscore how workplaces can enhance support for breastfeeding mothers. These include:
Research indicates that women need practical and emotional support in order to continue to breastfeed while working (Rojjanasrirat, 2004).
We asked: ‘Did anyone in chambers (your senior clerk, practice manager, heads of chambers or anyone else) approach you proactively about your needs as a breastfeeding mother?’
When asked what changes they would like to see, comments included:
‘Clear guidance for court staff so they know exactly what steps to take and returning mothers have peace of mind that they will be supported and how that will take place.’
‘It being something we can raise with the court without fear that we are making them awkward or irritated.’
‘Acknowledging that it’s a personal choice for every mother and pumping etc should always be supported and encouraged if that’s what a mother chooses! Provide some emotional support to mothers to ease them in and the guilt of returning to work can be overwhelming.’
‘Even when time and space is provided, I always felt as though those facilitating it viewed it as an indulgence. This was particularly the case in a trial where despite providing additional time at lunchtime to allow me the time to express, I was then criticised in open court by the judge for the amount of time that had been lost in the trial.’
Research shows that the length of maternity leave impacts breastfeeding rates, with shorter periods of leave often correlating with lower breastfeeding rates at 6 and 12 months (Scott, 2006). Obviously a major factor here is that the vast majority of barristers are self-employed so only receive statutory maternity allowance. Of our respondents, over half returned to work relatively early when their babies were less than 6 months old (although we do not know to what extent that was for financial reasons). The majority returned before their child was 12 months old. Flexible options – like part-time work, job sharing or phased returns – are crucial but difficult to implement for those at the self-employed Bar, which means ensuring we support those who return early is even more important.
For those returning to work early, managing the frequency of pumping is much more intense when babies are younger. One respondent described her biggest challenge as:
‘maintaining my supply doing a 6 day trial when baby was just 4.5 months. The silk leading me was very uncomfortable about it and wanted me on hand all the time so finding time to do it was hugely difficult. And [as] I was being led I found it harder to just ask the (male) High Court judge for breaks.’
Our respondents offered the following advice for those following in their footsteps:
‘Save up a lot of money before you have a child so you can take a longer maternity leave.’
‘Even better, let’s support mothers so they don’t need to work for the first year when breast-feeding is tricky!’
‘Don’t worry as much. Now I tell other women to take time off – I didn’t really…’
In a typical work environment this can be an easy win: a small amount of space, hand washing facilities, access to a fridge, power supply, breaks or privacy can allow mothers to express at work.
That is much harder to achieve at the Bar and was listed by our respondents as the top concern they had in advance of returning to work:
It seems their concerns were valid: seven women had pumped in a toilet and in the car, and four had pumped somewhere which felt too public for their liking. When it came to pumping in court, only one woman had always had a truly suitable place to pump (i.e. a clean, lockable room with handwashing facilities). Another woman said they had sometimes experienced that – but the vast majority (8 out of 10), reported they had never had a truly suitable place to pump in court. One said:
‘When I first raised it in court, the court staff were sympathetic but offered an entirely inappropriate solution.’
Time and time again, respondents described having to independently organise everything they needed and even then, having to throw away milk:
‘Going to court with a wearable pump, cool bag and cold packs, breast milk bags, numerous replacement bottles as no way to sterilise at court. Even so with long days I had to throw lots of milk away as no fridges available.’
‘… stored milk in freezer bags in a lunch bag with freezer packs in.’
‘In extremis pumped and threw away either in car or loo. Don’t know how I would have managed if I had had to save the milk.’
Evidence supports that on-site childcare facilities or those close to the workplace significantly protect breastfeeding. However, for barristers travelling to different courts, this is often impractical. Half of the respondents relied on nannies or family members for childcare. One described:
‘Husband and first child came with me for the day so I could get close to her for breastfeeding. Also in court… we were down to 2oz so my husband came in the car to the back of the high court so she could get fed! Fed her in the car and went straight back into court…’.
This small snapshot into the reality of breastfeeding at the Bar underscores the need for comprehensive support structures to be in place in order to support mothers who want to return to work and continue their breastfeeding journey.
The Bar does not currently have any specific policies on breastfeeding. The Bar Standards Board sets out minimum standards on parental leave and return to work in the Equality Rules but does not mention breastfeeding. The Bar Council’s Maternity & Parental Leave Guide recommends chambers provide facilities for breastfeeding or expressing and storing milk – but does not provide any further details and the onus is on the barrister to ask for these. HMCTS guidance is fairly generic and does not appear to go as far as offering somewhere to store expressed milk, but does commit to offering a room for women to pump. There is nothing that comprehensively sets out best practice when supporting a breastfeeding mother’s return to work.
Chambers could easily have a policy of proactively reaching out to anyone on maternity leave to ask them what they need on return to work, alleviating much stress as the prospect of returning looms. Chambers could also ensure the ‘easy wins’ are in place, such as ensuring appropriate rooms and storage space for breastfeeding mothers and liaising with courts. However, far more complex is navigating the logistical issues inherent in self-employed practice, as well as tackling some of the cultural issues that almost all the women we surveyed experienced to varying degrees when they returned to work.
It is not all doom and gloom: this exercise has demonstrated that there are plenty of determined mothers who have succeeded to maintain the breastfeeding relationship against all odds in very difficult circumstances. There is a real appetite to make this work and we should take this opportunity to create a more inclusive environment that supports women’s professional and parental aspirations.
Further guidance: Bar Council Maternity & Parental Leave Guide: tinyurl.com/22cb7x4d; Bar Council Family Career Breaks Guide: tinyurl.com/yxvx5svj; Bar Council Guidance on Positive Action: tinyurl.com/4xcp5x8x; Bar Council Practice Review Guide: tinyurl.com/5hycfmam; Bar Council Maternity Mentoring Scheme: tinyurl.com/mryptxun; BSB Handbook – Equality Rules (rC110.1.k & .i): tinyurl.com/4cx55ac8; Parental leave discounts for practising certificate fee: tinyurl.com/3becb6pk; Equality Act 2010 (ss 4; 13; 18; 19; 158): tinyurl.com/mv5rrsmk; HMCTS: Breastfeeding while in a court or tribunal building: tinyurl.com/35r7t5ta
Counsel articles: Rebuild your practice, Juliette Levy, Shazia Akhtar, Graham Denholm, 2024; Robing room loos: a feminist issue, Kama Melly KC, 2023; The Bar wants you back, Sam Mercer, 2023; Parental leave planning for the self-employed, Emma Harris, 2023; Supporting parents at the Bar, Michael Edwards, 2023; Returners, movers and talent retention, Juliette Levy, 2022; Back to the Bar – returning from parental leave and the quest for balance, Emma Price, 2022; CrimeGirl... on maternity leave, CrimeGirl, 2021
Article references
Rojjanasrirat, W (2004), ‘Working Women’s Breastfeeding Experiences’, MCN: The American Journal of Maternal/Child Nursing 29(4):p 222-227, July/August 2004. Scott, J et al (2006); Predictors of breastfeeding duration: evidence from a cohort study, Pediatrics, 2006 Apr; 117(4):e646-55. Jewell S et al (2021), Maternal Wellbeing in Infant Feeding and Returning to Paid Work – 1st Report, Nuffield Foundation, 2021; Bar Standards Board Equality Rules; Bar Council Maternity & Parental Leave Guide; HMCTS Breastfeeding while in a court or tribunal building
* Sally Rickard (left) is an International Board Certified Lactation Consultant (IBCLC). This is the highest qualification in breastfeeding, globally recognised.
Sally Rickard, IBCLC, is a board-certified lactation consultant and founder of Baby-Thrive.com. Her company specialises in helping businesses develop breastfeeding-friendly workplaces and support breastfeeding parents transitioning from parental leave. Her dissertation explored how workplaces can better support breastfeeding mothers.
Charlotte Baker is a specialist family barrister at 4PB and will be returning to work in October 2024, following a period of maternity leave.
Recently, I had the opportunity to work with two breastfeeding barristers over an extended period while they navigated caring for their newborns. Their unique challenges – stemming from their desire to breastfeed notwithstanding the demanding nature of their roles – highlighted the complexities of balancing practice at the Bar with breastfeeding. Their insights into trying to breastfeed while juggling the travel, complicated logistics and unpredictable schedules that will be familiar to all of the self-employed Bar were eye-opening, especially in the context of doing so in an historically male-dominated environment.
When Counsel magazine approached me to write about this subject, I was eager to delve deeper into how mothers successfully manage breastfeeding while working at the Bar.
I surveyed 15 women who had breastfed or are currently breastfeeding while practising at the self-employed Bar. Of the 11 responses, two have adult children and therefore their experiences are from some time ago. The remainder all have children at school age or younger. Remarkably, there did not seem to be a huge difference in responses between those who breastfed some time ago and those who have done so more recently.
The survey questions were based around the recurring themes in research which underscore how workplaces can enhance support for breastfeeding mothers. These include:
Research indicates that women need practical and emotional support in order to continue to breastfeed while working (Rojjanasrirat, 2004).
We asked: ‘Did anyone in chambers (your senior clerk, practice manager, heads of chambers or anyone else) approach you proactively about your needs as a breastfeeding mother?’
When asked what changes they would like to see, comments included:
‘Clear guidance for court staff so they know exactly what steps to take and returning mothers have peace of mind that they will be supported and how that will take place.’
‘It being something we can raise with the court without fear that we are making them awkward or irritated.’
‘Acknowledging that it’s a personal choice for every mother and pumping etc should always be supported and encouraged if that’s what a mother chooses! Provide some emotional support to mothers to ease them in and the guilt of returning to work can be overwhelming.’
‘Even when time and space is provided, I always felt as though those facilitating it viewed it as an indulgence. This was particularly the case in a trial where despite providing additional time at lunchtime to allow me the time to express, I was then criticised in open court by the judge for the amount of time that had been lost in the trial.’
Research shows that the length of maternity leave impacts breastfeeding rates, with shorter periods of leave often correlating with lower breastfeeding rates at 6 and 12 months (Scott, 2006). Obviously a major factor here is that the vast majority of barristers are self-employed so only receive statutory maternity allowance. Of our respondents, over half returned to work relatively early when their babies were less than 6 months old (although we do not know to what extent that was for financial reasons). The majority returned before their child was 12 months old. Flexible options – like part-time work, job sharing or phased returns – are crucial but difficult to implement for those at the self-employed Bar, which means ensuring we support those who return early is even more important.
For those returning to work early, managing the frequency of pumping is much more intense when babies are younger. One respondent described her biggest challenge as:
‘maintaining my supply doing a 6 day trial when baby was just 4.5 months. The silk leading me was very uncomfortable about it and wanted me on hand all the time so finding time to do it was hugely difficult. And [as] I was being led I found it harder to just ask the (male) High Court judge for breaks.’
Our respondents offered the following advice for those following in their footsteps:
‘Save up a lot of money before you have a child so you can take a longer maternity leave.’
‘Even better, let’s support mothers so they don’t need to work for the first year when breast-feeding is tricky!’
‘Don’t worry as much. Now I tell other women to take time off – I didn’t really…’
In a typical work environment this can be an easy win: a small amount of space, hand washing facilities, access to a fridge, power supply, breaks or privacy can allow mothers to express at work.
That is much harder to achieve at the Bar and was listed by our respondents as the top concern they had in advance of returning to work:
It seems their concerns were valid: seven women had pumped in a toilet and in the car, and four had pumped somewhere which felt too public for their liking. When it came to pumping in court, only one woman had always had a truly suitable place to pump (i.e. a clean, lockable room with handwashing facilities). Another woman said they had sometimes experienced that – but the vast majority (8 out of 10), reported they had never had a truly suitable place to pump in court. One said:
‘When I first raised it in court, the court staff were sympathetic but offered an entirely inappropriate solution.’
Time and time again, respondents described having to independently organise everything they needed and even then, having to throw away milk:
‘Going to court with a wearable pump, cool bag and cold packs, breast milk bags, numerous replacement bottles as no way to sterilise at court. Even so with long days I had to throw lots of milk away as no fridges available.’
‘… stored milk in freezer bags in a lunch bag with freezer packs in.’
‘In extremis pumped and threw away either in car or loo. Don’t know how I would have managed if I had had to save the milk.’
Evidence supports that on-site childcare facilities or those close to the workplace significantly protect breastfeeding. However, for barristers travelling to different courts, this is often impractical. Half of the respondents relied on nannies or family members for childcare. One described:
‘Husband and first child came with me for the day so I could get close to her for breastfeeding. Also in court… we were down to 2oz so my husband came in the car to the back of the high court so she could get fed! Fed her in the car and went straight back into court…’.
This small snapshot into the reality of breastfeeding at the Bar underscores the need for comprehensive support structures to be in place in order to support mothers who want to return to work and continue their breastfeeding journey.
The Bar does not currently have any specific policies on breastfeeding. The Bar Standards Board sets out minimum standards on parental leave and return to work in the Equality Rules but does not mention breastfeeding. The Bar Council’s Maternity & Parental Leave Guide recommends chambers provide facilities for breastfeeding or expressing and storing milk – but does not provide any further details and the onus is on the barrister to ask for these. HMCTS guidance is fairly generic and does not appear to go as far as offering somewhere to store expressed milk, but does commit to offering a room for women to pump. There is nothing that comprehensively sets out best practice when supporting a breastfeeding mother’s return to work.
Chambers could easily have a policy of proactively reaching out to anyone on maternity leave to ask them what they need on return to work, alleviating much stress as the prospect of returning looms. Chambers could also ensure the ‘easy wins’ are in place, such as ensuring appropriate rooms and storage space for breastfeeding mothers and liaising with courts. However, far more complex is navigating the logistical issues inherent in self-employed practice, as well as tackling some of the cultural issues that almost all the women we surveyed experienced to varying degrees when they returned to work.
It is not all doom and gloom: this exercise has demonstrated that there are plenty of determined mothers who have succeeded to maintain the breastfeeding relationship against all odds in very difficult circumstances. There is a real appetite to make this work and we should take this opportunity to create a more inclusive environment that supports women’s professional and parental aspirations.
Further guidance: Bar Council Maternity & Parental Leave Guide: tinyurl.com/22cb7x4d; Bar Council Family Career Breaks Guide: tinyurl.com/yxvx5svj; Bar Council Guidance on Positive Action: tinyurl.com/4xcp5x8x; Bar Council Practice Review Guide: tinyurl.com/5hycfmam; Bar Council Maternity Mentoring Scheme: tinyurl.com/mryptxun; BSB Handbook – Equality Rules (rC110.1.k & .i): tinyurl.com/4cx55ac8; Parental leave discounts for practising certificate fee: tinyurl.com/3becb6pk; Equality Act 2010 (ss 4; 13; 18; 19; 158): tinyurl.com/mv5rrsmk; HMCTS: Breastfeeding while in a court or tribunal building: tinyurl.com/35r7t5ta
Counsel articles: Rebuild your practice, Juliette Levy, Shazia Akhtar, Graham Denholm, 2024; Robing room loos: a feminist issue, Kama Melly KC, 2023; The Bar wants you back, Sam Mercer, 2023; Parental leave planning for the self-employed, Emma Harris, 2023; Supporting parents at the Bar, Michael Edwards, 2023; Returners, movers and talent retention, Juliette Levy, 2022; Back to the Bar – returning from parental leave and the quest for balance, Emma Price, 2022; CrimeGirl... on maternity leave, CrimeGirl, 2021
Article references
Rojjanasrirat, W (2004), ‘Working Women’s Breastfeeding Experiences’, MCN: The American Journal of Maternal/Child Nursing 29(4):p 222-227, July/August 2004. Scott, J et al (2006); Predictors of breastfeeding duration: evidence from a cohort study, Pediatrics, 2006 Apr; 117(4):e646-55. Jewell S et al (2021), Maternal Wellbeing in Infant Feeding and Returning to Paid Work – 1st Report, Nuffield Foundation, 2021; Bar Standards Board Equality Rules; Bar Council Maternity & Parental Leave Guide; HMCTS Breastfeeding while in a court or tribunal building
* Sally Rickard (left) is an International Board Certified Lactation Consultant (IBCLC). This is the highest qualification in breastfeeding, globally recognised.
The complexities of balancing practice at the Bar with breastfeeding are investigated by Sally Rickard IBCLC* with assistance from barrister Charlotte Baker
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