Breastfeeding teacher wins harassment claim against school

A teacher who was made to express her breastmilk either in an unhygienic bathroom or in her car was a victim of harassment related to sex, a judge has ruled.

The case involved Ms T Mellor, who was a teacher at the Academy Trust at Mirfield Free Grammar School.

Mellor had her first child in 2018, and the following year she told the school she was pregnant with her second.

Before her maternity leave, she made a request for flexible working and access to a room to express regularly when she returned. 

Her flexible working request was confirmed but the school didn’t mention her request for a private room to express.

Ahead of her return to work, she wrote to the school reminding them that she would still be breastfeeding and may need a room.

In early July 2020, Mellor was told that breastfeeding her baby at the school was “not an option” as Covid restrictions meant that her partner wasn’t allowed to bring the baby on to the premises.

She had several discussions with her line manager, Ms Horodczuk, to tell her she needed somewhere to express and that not being able to do so was causing her pain.

However, no measures had been put in place by September and Mellor was in discomfort due to being unable to breastfeed or express.

She went off sick and spoke to a HR advisor to reiterate her need for a room when she returned.

Still no further steps were taken and when Mellor brought up the matter with Horodczuk she was told that it would be discussed in a return-to-work meeting.

The meeting never occurred, and Mellor resorted to using the toilets or her car to express at lunchtimes.

She brought an harassment claim against the school and told the tribunal: “As I wasn’t allocated any time to express, I had to do it at lunchtime and eat my lunch at the same time.

“I found it disgusting to have to eat my lunch in toilets, which were often dirty.” 

The Employment Tribunal ruled in her favour. Mellor had made the request several times, but nothing was done.

Judge Miller said: “[Mellor] genuinely and reasonably had no choice but to use the toilets or her car to express.

“The alternative was that she would experience an embarrassing leakage in the afternoon. It is obvious that this is unacceptable.

“In our judgement, the conduct did have the effect of creating a degrading or humiliating environment.”

A remedy hearing will take place at a later date.

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Ms T Mellor v Mirfield Free Grammar School
Hull Employment Tribunal
Employment Judge Miller