EAT rule refusing fathers enhanced SPL not discriminatory

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.

To continue reading FREE content

To continue reading
FREE content

For news and offers direct to your inbox and online, pop your details below.


* By registering you agree that you have read and agree to our Terms and Conditions and that Executive Grapevine International Ltd and its partners may contact you regarding relevant content and products.

If you find yourself asked to register again, please make sure that your browser cookie is enabled.

We would like you to become part of HR Grapevine and join the most engaged online communities of HR Professionals in the UK. Thousands of HR Professionals just like you have already registered with HR Grapevine and we would like you to join in - its FREE!

However, an EU regulation coming our way means that to continue hearing from us, you will need to become a registered user. No matter the outcome of BREXIT, this regulation will apply to us while we remain in the UK and perhaps beyond.

Access across the HR Grapevine site will continue to be free of charge once you register. You will also be able to join our other communities for:

  • Recruiters
  • Business Leaders

Every reader we retain, is very important to us, and we would appreciate you taking the time to Register with us now.

Comments (2)

  • Lauren
    Fri, 27 Apr 2018 1:49pm BST
    I completely agree. I think it is wonderful that more fathers are wanting to be more involved in raising their kids... and this seems to be an incredibly out of date reasoning. Surely if the family have decided that the father is to stay home with the child, then the whole family need supporting and fair pay? This isn't just disadvantaging the men.
  • James
    Thu, 12 Apr 2018 1:27pm BST
    I'm both surprised and disappointed by both the verdict & reasoning and by the support that Working Families have given to this ruling.

    I've never seen an argument that maternity leave is for the mother's health and wellbeing (is that the same for paternity leave?!). It was my understanding that all of the types of family leave were to support the parents in caring the their children.

    Supporting unequal treatment of the sexes (in the vain hope that employers will stump up for more generous paternity leave & pay) will, by definition, only perpetuate gender inequality.

Magazine Features