EAT rule refusing fathers enhanced SPL not discriminatory

Businesses can pay mothers and fathers different rates of parental pay without fear of discrimination claims, a tribunal declared yesterday.

The case follows the plight of father, Mr Ali, who wished to take shared parental leave (SPL) so that his wife could go back to work after they had a baby. However, he was not entitled to pay at the higher maternity pay rate for 12 weeks after the two weeks compulsory maternity leave. Instead, he received the rate for shared parental leave.

He claimed this was a case of direct sex discrimination, so he sued his employer Capita Customer Management Ltd - but the tribunal disagreed.

“The reasoning behind this decision is that the purpose of maternity leave and pay is to protect the health and wellbeing of a woman during pregnancy and following childbirth,” explained Employment Solicitor and Senior Associate, Michelle Morgan from Gardner Leader.