Charles Pigott reports on an airline’s refusal to accommodate breastfeeding cabin crew being discriminatory
- An employment tribunal has upheld indirect discrimination claims brought by two cabin crew members because of easyJet’s refusal to accommodate breastfeeding by shortening shifts.
- It also upheld claims from both women for pay while suspended from work on maternity grounds.
An employment tribunal has recently ruled on claims brought by two cabin crew members who wished to continue breastfeeding their children after returning from maternity leave: McFarlane and Ambacher v easyJet Airline Company Limited Bristol ET 1401496/2015.
Both women wanted to return to their previous duties at the end of their maternity leave. Following advice from their GPs, they both asked for their shifts to be limited to eight hours. There were no suitable facilities for expressing milk on the aircraft and both doctors independently advised that having to work longer shifts would increase the risk of developing mastitis.
The tribunal’s judgment gives a relatively brief account of the evidence, but it seems that easyJet’s refusal to agree to the requests was due to two main factors.
- There was a