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Equality North East

Shared parental pay rules are clarified

The Court of Appeal has ruled there was no discrimination where men taking shared parental leave did not receive enhanced rates of pay in circumstances where women on maternity leave were paid a higher rate. This case provides reassurance to employers that it is lawful to pay women enhanced maternity pay without matching those benefits for parents taking shared parental leave.

The central issues to be determined in the appeals of the EAT decisions in Hextall v Chief Constable of Leicestershire Police and Capita Customer Management Ltd v Ali were whether it was unlawful sex discrimination (direct or indirect) for men to be paid less on shared parental leave than birth mothers on paid statutory maternity leave, or whether an implied sex equality clause would ensure that men and women taking such leave should be paid the same.

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July 10, 2019

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