Ms Mellor (M) was employed as a teacher at the Academy. During her previous pregnancy, she had been allocated a room to express milk/breastfeed but was told this was “not an option” following the birth of her second child. The employer cited COVID-19 reasons prevented this. She had repeatedly requested a room but was denied. As no room was made available, she was compelled to express milk in her car in the school carpark or the toilet. As she was only entitled to a 25min lunch break, it was very difficult for her to eat and breastfeed in that environment in the allocated time. The toilets were described as “unhygienic and disgusting”, whilst feeding in the car was in public view of students, other staff and it was cold. She felt humiliated and degraded, which was made worse by leaking breasts whilst teaching.
Discrimination
M raised a claim in the employment tribunal alleging both direct and indirect sex discrimination and sexual harassment. She told the tribunal that MGF had “altogether negative attitude” towards pregnancy and maternity. The Academy responded that if M had genuine concerns, she should have raised a grievance.
Her claims for direct/indirect sex discrimination were not successful. However, her sexual harassment claim was upheld. The tribunal held that M was subjected to unwanted conduct by forcing her to express milk in the toilet and/or carpark. Apart from being inconvenient, it had the effect of creating a humiliating and degrading environment for her. The judge said that a woman who was a new mother should not be forced to tolerate such treatment. The Judge also commented that the woman was forced to use the toilets because she honestly and seriously believed it was the only way to avoid being seen. Thus, 'forced' was interpreted to include compelling someone to act in a certain way with no viable alternatives. It was an unintended act by the claimant because she did not have any other choice. It was not something she wanted to do.
Although this is a first instance decision therefore not binding on higher authorities, the Health and Safety Executive guidance says employers should investigate and consider making reasonable facilities for eating, drinking and breastfeeding under The Workplace (Health, Safety and Welfare) Regulations 1992.
It is therefore a timely reminder that employers need to investigate and consider such requests before matters escalate and lead to expensive claims. Readers are advised to call Quest where they can be advised and guided by experienced professionals in dealing with such matters on 01455 852028.
