header-logo header-logo

28 May 2019
Issue: 7842 / Categories: Legal News , Employment , Discrimination
printer mail-detail

Maternity challenges fail

Employers who enhance maternity pay for women do not discriminate against men taking shared parental leave at lower rates, the Court of Appeal has held.

The court held there was ‘nothing unusual’ about the employers’ policies, in Ali v Capita; Hextall v Chief Constable of Leicestershire Police [2019] EWCA Civ 900.

In Ali, women were entitled to maternity pay of up to 39 weeks, with 14 weeks at full pay followed by 25 weeks of lower rate statutory maternity pay. Parents taking shared parental leave received statutory shared parental pay only. Mr Ali claimed direct discrimination, arguing only the first two weeks of compulsory maternity leave are necessary while the rest of maternity leave is a choice about providing care.

In Hextall, women were entitled to 18 weeks full pay followed by 39 weeks of statutory maternity pay whilst those on shared parental leave were only paid at statutory rates. Mr Hextall argued his employer’s policy indirectly discriminated against men.

However, the court unanimously rejected both appellants’ arguments.

Jenny Arrowsmith, partner at Irwin Mitchell, who acted for Capita, said: ‘Parliament has made a statutory exception which gives special treatment to a woman in connection with pregnancy or childbirth.

‘That special treatment is, by definition, not available to anyone other than a birth mother, which means the partners of birth mothers are not discriminated against if they do not receive enhanced benefits for taking leave to care for their newborn. This decision will be welcomed by employers that pay higher rates to women on maternity leave than to parents on different types of family leave.

‘It’s also good news for women. Had the decision gone the other way, employers may have reduced their maternity pay to statutory rates because they could not afford to equalise pay rates to those taking shared parental leave.’

Issue: 7842 / Categories: Legal News , Employment , Discrimination
printer mail-details

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll