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.
It is not direct sex discrimination to offer men on shared parental leave statutory pay while at the same time offering enhanced maternity pay, the Employment Appeal Tribunal ruled today.
In Capita Customer Management Ltd v Ali  IRLR 586 EAT, the EAT held that there was no direct sex discrimination when an employer offered 14 weeks of enhanced maternity pay, but paid only the statutory minimum to employees taking shared parental leave.
Updated to include a reference to the Government's announcement that it will consult on a proposed requirement for certain employers to publish their policy on parental leave and pay.
Financial barriers are preventing new fathers from taking shared parental leave, with half of prospective fathers admitting that they are unlikely to take advantage of the scheme because they earn more money than their partner when at work.
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.
It is not discriminatory to refuse a new father enhanced pay while on shared parental leave where women are given enhanced maternity pay, the Employment Appeal Tribunal (EAT) has ruled.
Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.
Updated to highlight the impact of the General Data Protection Regulation, in force from 25 May 2018, on this document.
HR and legal information and guidance relating to family-friendly rights and support.