An Employment Tribunal has decided that it is direct sex discrimination for an employer not to pay enhanced shared parental pay in circumstances where it would pay enhanced maternity pay to a mother taking maternity leave during the same period. Ali v Capita Customer Management Ltd ET/1800990/16.
This decision conflicts with an earlier Employment Tribunal decision that reached a different conclusion on similar facts: Hextall v Chief Constable of Leicestershire Police ET/2601223/15.
Both decisions are subject to appeal to the Employment Appeal Tribunal. Given the different conclusions reached, it is hoped that the Employment Appeal Tribunal will be able to provide clarity in this difficult and uncertain area in due course. In the meantime, if you would like to discuss the implications further, or you require support on any employment law matter, please do not hesitate to contact the team on 0141 331 5150.