Have a question? Call us on0800 1979 345
This article was published on January 13th, 2017
McFarlane and another v easyJet Airline Company Ltd. This discrimination case involved two easyJet crew members who returned to work following maternity leave but who were still breastfeeding their children.
They requested an adjustment to their flying rosters so that they wouldn’t have to work longer than eight hours at a time (easyJet’s system was based on employees potentially working eight-hour, and possibly longer, days). That would allow them to express breast milk in between shifts. To not do so would increase their risk of getting mastitis – a painful condition often caused by the build-up of milk within the breast.
Did easyJet discriminate against the women by refusing to roster them to work shifts of less than eight hours? The company had argued the need to avoid delays and cancellations to flights, and that to not adapt its rostering arrangements to suit employees was a proportionate means of achieving those aims.
Indirect discrimination, the tribunal said. The provision, criterion or practice (the possibility of having to work more than eight hours) disadvantaged women. Easyjet hadn’t managed to objectively justify the PCP, and this is an important point for employers to take away from this case. The company didn’t produce good evidence of the difficulties it said that modified rosters caused it. The employees, on the other hand, had medical evidence to support their case.
Although women don’t have a statutory right to take time off for breastfeeding, they have the right to not be indirectly discriminated against because of their sex. There’s also the right to paid suspension, and to be offered suitable alternative work. EasyJet’s failures in respect of these two employees extended beyond its roster practices, highlighting the care that employers must exercise when dealing with breastfeeding mothers.
This website privacy notice sets out how Thorneycroft Solicitors uses and protects any information that you give Thorneycroft Solicitors when you use this website.
Thorneycroft Solicitors is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Thorneycroft Solicitors may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/05/2018.
What we collect
We may collect the following information:
We will collect the information directly from you via completion of our enquiry form on the website.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We will also collect and process your personal data if you have consented to receiving marketing in respect of our services. You are able to unsubscribe or withdraw your consent at any time by emailing [email protected] or writing to ‘Marketing’ at Thorneycroft Solicitors, 9a Bridge Street Mills, Bridge Street, Macclesfield, Cheshire SK11 6QA.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
If you do not instruct us in relation to your legal matter, your personal details will be retained for a period of 12 months.
If we are instructed in relation to your legal matter, we will keep it in line with our data retention periods. Details of our retention period for your legal matter can be found within our Client Care Letter and/or Terms of Business, under the heading file retention.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.×