The claimant, a father, argued that Network Rail's policy on shared parental leave and pay directly discriminated against men on the basis that mothers were entitled to enhanced shared parental pay while fathers were entitled only to the statutory level of pay.
By the time of the tribunal hearing, Network Rail no longer contested the claim, leaving the tribunal to focus on remedy. The tribunal awarded the claimant approximately £23,000 including £6,000 injury to feelings and £16,129 for future loss, being the difference between statutory shared parental pay and what the claimant would have received had he been entitled to the enhanced level of pay.