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Conflicting decisions on shared parental leave pay

Both cases concerned claims that the employer’s decision to enhance maternity pay but not shared parental pay amounted to direct sex discrimination against the male employee claiming shared parental leave

The first case failed on the grounds that the correct comparator was a woman on shared parental leave, who would be paid the same. On the otherhand, a male employee’s claim succeeded when the EAT concluded that as men were more likely to take shared parental leave, the policy of only enhancing maternity pay placed them at a disadvantage. The latter case has been sent back to the tribunal to determine whether the company’s policy could be justified.

Further clarification is therefore awaited but if you wish to discuss this further, contact us.

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