BOSSES in York and North and East Yorkshire should make sure they know their duties to breastfeeding mothers among their staff after a ‘groundbreaking’ tribunal ruling, an employment lawyer has warned.

Any suggestion that new mothers might have to give up breastfeeding their child to fit in with their employers’ needs were quashed by last month’s judgment against budget airline easyJet, said Marie Horner, head of employment law at Harrowells Solicitors.

A Bristol employment tribunal ruled that easyJet discriminated against two of its women cabin crew members under the Employment Rights Act by failing to allow them shorter shifts so they could express milk, or offering them ground duties while they continued to breastfeed their baby boys.

After hearing evidence in the case brought by trade union, Unite, which described the judgment as ‘groundbreaking’, the tribunal judge said the airline should have reduced the breastfeeding mothers’ hours, found them alternative duties or suspended them on full pay.

The tribunal judgment is relevant to all businesses, although it is most likely to affect those employing women involved in shift work or regular unusual hours.

Ms Horner said: “Whilst the employment tribunal decision is not binding on future tribunals, it does suggest the likely interpretation that will be taken by judges from now on. Breastfeeding mothers’ rights were in place before this ruling but were not widely understood

by employers. This decision not only reiterates the legal position but may help promote better awareness of breastfeeding mothers’ rights and their employers’ obligations.”

Ms Horner said all employers should now familiarise themselves with their obligations in relation to breastfeeding and the Employment Rights Act to avoid being targets for similar action.

She added that, under the legislation, all businesses must provide suitable facilities for breastfeeding mothers to rest and lie down and adequate rest and meal breaks; undertake risk assessments; remove any hazards for breastfeeding mothers and not discriminate on the grounds of sex, pregnancy or maternity, including ensuring that policies do not place breastfeeding mothers at a disadvantage, as in the EasyJet case.

She said: “Employers would be well-advised to ensure that their policies make provision for these rights and that their managers are trained to understand and embrace them to avoid allegations of discrimination. It might also be wise to educate staff about these rights to avoid any discriminatory comments being made through ignorance of the law.”

Harrowells Solicitors has three offices in York and others in Pocklington, Easingwold and Thirsk.