Two female cabin crew members have successfully brought indirect sex discrimination claims against Easyjet. When the women returned from maternity leave they made flexible working requests to Easyjet as they were breastfeeding, and unable to express milk while on shift. The women requested not to be rostered for longer than eight hours at a time, which would have allowed them to express milk between shifts, or carry out ground duties. Easyjet refused their requests as breastfeeding was “a choice” and refused to offered them eight hour shifts, despite receiving advice from four different GP’s that this could cause mastitis (painful inflammation of the breast tissue). The Employment Tribunal held that Easyjet should have offered them shorter shifts, found the employees alternative duties or suspended them (whilst still receiving full pay).

This decision is a reminder to employers to ensure that they have adequate arrangements in place to accommodate female employees who are breastfeeding. It should not be an expectation that women will give up breastfeeding upon returning to work after maternity leave.

Some practical suggestions for employers include:

  • Implementing a written policy for women who need to breastfeed whilst at work.
  • Ensuring that existing policies do not discriminate (whether directly or indirectly) against women who breastfeed at work.
  • Being aware that women who are breastfeeding need adequate breaks, and that not allowing such breaks may be detrimental to their health. Ensure that letters from a GP are not ignored.
  • Ensuring that women who are breastfeeding have somewhere to rest whilst at work (this is a legal requirement).
  • Providing women who are breastfeeding with suitable facilities; for example, a private and hygienic place to express milk and a fridge or storage place for milk.
  • Being accommodating to reasonable requests for flexible working or additional breaks on a temporary basis. This is unlikely to trigger the need for a new employment contract as breastfeeding is temporary. If you do not grant a request, ensure that your response is reasonable and that you give reasons for why the request is not granted.
  • Consider any other suggestions in the Acas guide: ‘Accommodating breastfeeding employees in the workplace’.

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