header-logo header-logo

16 December 2016 / Charles Pigott
Issue: 7727 / Categories: Features , Employment
printer mail-detail

Food for thought

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll