UK: Failing to enhance pay for shared parental leave may be indirect sex discrimination

Article here. Excerpt:

'In Hextall v Chief Constable of Leicestershire Police the Employment Appeal Tribunal (EAT) indicated that enhancing maternity pay, but not pay for shared parental leave (SPL), may give rise to indirect sex discrimination claims by fathers. This follows the April 2018 EAT decision in Capita Customer Management Ltd v Ali that failure to pay a father enhanced pay for SPL was not direct sex discrimination (for further details please see "Failure to pay father full pay for shared parental leave is not sex discrimination").
The SPL system allows parents to share leave between them for the purposes of caring for their new baby. The regime works by shortening the mother's maternity leave, meaning that the amount of SPL and pay available is reduced by any time spent by the mother on maternity leave.

It is relatively common for employers to pay enhanced pay to mothers on maternity leave, but less common to enhance pay for parents taking SPL.'

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