Easyjet Failed to Provide For Breastfeeding Mothers

Easyjet's Revised Policy on Breastfeeding Mothers Was Not Enough

EasyJet employees have brought a claim in Bristol Employment Tribunal for its failure to provide them with flexible working hours to breastfeed their children, which had meant that many of them had been unable to fly.

The employees had requested not to be rostered for shifts longer than eight hours. The tribunal also found that when the employees were unable to work EasyJet had suspended them on maternity grounds within the meaning of section 66(3) of the Employment Rights Act 1996 (ERA 1996) and had failed to pay them as required under section 68 of the ERA 1996. The tribunal also found that EasyJet had failed to offer suitable alternative work contrary to the requirements of section 67 of ERA 1996. The tribunal awarded compensation and made recommendations. ​

Bristol Tribunal concluded that the Employment Rights Act 1996 ('ERA') requires employers to provide breastfeeding mothers with the opportunity to work reduced shifts or take on alternative roles and if that is not possible they should suspend their contracts on full pay whilst in the early phases of parenthood.

After the case was submitted to Bristol Tribunal, EasyJet did apparently provide breastfeeding employees with 12 hour standard shifts and also agreed to provide them with new roles for six months. However, Bristol tribunal did not think that this was enough to escape the consequences of a discrimination claim. Their view was that breastfeeding was not a choice that could be 'limited to a six month period'. 

One of the recommendations is that Easyjet  have been ordered to review its working practises as a result.