Family-friendly rights and support | Managing employees/workers | Employment law cases | HR Tools

Difficult pregnancies and pregnancy loss: Employment tribunal round-up

Date:: 10 February 2022

We look at four employment tribunal cases in which the claimants successfully argued that they were discriminated against during difficult pregnancies and pregnancy loss.

No sex discrimination when pay enhanced during adoption but not shared parental leave

Date:: 13 April 2021

In Price v Powys County Council, the Employment Appeal Tribunal held that an employment tribunal was entitled to reject a male employee's sex discrimination claim against an employer that enhances adoption pay but not shared parental pay.

Shared parental leave: No sex discrimination where employer fails to enhance pay

Date:: 28 May 2019

In Ali v Capita Customer Management Ltd; Chief Constable of Leicestershire Police v Hextall, the Court of Appeal rejected sex discrimination claims brought by male staff against employers that enhance maternity pay but not shared parental pay.

Maternity leave: Redundancy form sent to employee's inaccessible work email address

Date:: 13 March 2019

In South West Yorkshire Partnership NHS Foundation Trust v Jackson and others, the Employment Appeal Tribunal (EAT) held that, as long as the miscommunication came from an administrative error, an employee whose redundancy redeployment form was sent to an inaccessible work email address was not unfavourably treated because she was on maternity leave.

Shared parental pay: Tribunal should rehear indirect sex discrimination claim, rules EAT

Date:: 3 May 2018

In Hextall v Chief Constable of Leicestershire Police and another, the Employment Appeal Tribunal (EAT) remitted to a fresh tribunal the issue of whether or not a police force's policy of giving a period of full pay to mothers on maternity leave, but paying only statutory shared parental pay to partners, is indirectly discriminatory.

Shared parental pay: EAT overturns finding of sex discrimination

Date:: 12 April 2018

In Capita Customer Management Ltd v Ali and another, the Employment Appeal Tribunal (EAT) held that the failure to pay a father shared parental pay at the same rate as an employee on maternity leave is not sex discrimination.

Shared parental pay: Father denied fully paid leave to allow wife with post-natal depression to return to work

Date:: 7 June 2017

An employment tribunal has held that it was direct sex discrimination for a new father whose wife had post-natal depression to be allowed to take only two weeks' leave on full pay, when female staff were entitled to 14 weeks' enhanced maternity leave.

Breastfeeding: easyJet's flexible working policy leads to £35,000 award

Date:: 6 December 2016

In this well-publicised case, easyJet's refusal to limit the shift lengths of two cabin crew who were breastfeeding led to awards for indirect sex discrimination totalling almost £35,000.

Sex discrimination: £28,321 award over Network Rail's policy on enhanced shared parental pay

Date:: 5 October 2016

An employment tribunal in Scotland has awarded £28,321 to a Network Rail employee over his employer's policy of giving a period of full pay to mothers and primary adopters on shared parental leave, but paying only statutory shared parental pay to partners and secondary adopters.

No requirement to offer childcare vouchers via salary sacrifice during maternity leave

Date:: 10 March 2016

The Employment Appeal Tribunal (EAT) has held that it is not discriminatory for an employer that offers childcare vouchers in return for a deduction from pay to cease to offer the vouchers during maternity leave.

Employment law cases

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Difficult pregnancies and pregnancy loss: Employment tribunal round-up

No sex discrimination when pay enhanced during adoption but not shared parental leave

Shared parental leave: No sex discrimination where employer fails to enhance pay

Maternity leave: Redundancy form sent to employee's inaccessible work email address

Shared parental pay: Tribunal should rehear indirect sex discrimination claim, rules EAT

Shared parental pay: EAT overturns finding of sex discrimination

Shared parental pay: Father denied fully paid leave to allow wife with post-natal depression to return to work

Breastfeeding: easyJet's flexible working policy leads to £35,000 award

Sex discrimination: £28,321 award over Network Rail's policy on enhanced shared parental pay

No requirement to offer childcare vouchers via salary sacrifice during maternity leave

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