Enhancing shared parental pay to the same level as maternity pay has been shown to help lead to a dramatically higher take-up of shared parental leave among men at the UK's largest insurance firm.
Updated to include information on the launch of the Government's consultation on extending redundancy protection for pregnant women and new parents.
Research by University College London suggests that the shared parental leave scheme is failing, with financial implications and strict eligibility criteria creating barriers for many new parents. But there are ways the scheme can be saved.
The number of new fathers taking paternity leave fell for the first time in five years last year, while almost three times more women took maternity leave.
Recent tribunal decisions have provided some guidance on the legalities of offering enhanced maternity but not enhanced shared parental pay. But that does not mean employers avoid the risk of discrimination completely. Elizabeth Marshall and George Fellows explain.
Updated to highlight the impact of the General Data Protection Regulation, in force from 25 May 2018, on this document.
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  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.
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.
HR and legal information and guidance relating to shared parental leave and shared parental pay.