Shared parental leave and shared parental pay
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.
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.
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.
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.
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.
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.
Employment law cases: HR and legal information and guidance relating to shared parental leave and shared parental pay.
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