Employers should ensure that employees who are breastfeeding are able to express milk at work sufficiently regularly to avoid medical problems (in accordance with medical advice), in a private, clean environment with the ability to store the milk safely. If this is not possible given the employee's role, suitable alternative work or paid suspension should be offered. It is not appropriate to ask employees when they intend to stop breastfeeding.
The tribunal in McFarlane v EasyJet Airline Company ruled that the airline's refusal to adjust its roster to ensure two breastfeeding crew members worked no longer than 8 hours as recommended by medical advice was indirect sex discrimination and was not justified, given that there was no real evidence that the adjustment would cause any operational difficulty.
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Tim Leaver
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Andrew Taggart
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Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.