0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

EAT determined that failure to enhance Shared Parental Leave might be indirect sex discrimination

8 May 2018

In a further case dealing with the issue of Shared Parental Leave (SPL), the Employment Appeal Tribunal has decided that paying fathers and mothers different rates of pay whilst on maternity leave or shared parental leave (SPL) respectively can amount to indirect discrimination provided that the father can clearly demonstrate a particular disadvantage when being paid at a lower rate.

In this case, the claimant argued that the disadvantage being faced was a ‘financial disincentive’ compared to women who are encouraged to take maternity leave. Although the Employment Tribunal initially rejected this claim, the Employment Appeal Tribunal (EAT) found that the Tribunal had misunderstood the disadvantage that the claimant was seeking to rely on and, thereby, had not considered the correct pool of employees for analysis. The case has therefore been referred back to the employment tribunal for reconsideration.

Although this does provide slightly more guidance on the question of indirect sex discrimination, for now, it is a case of ‘watch this space’ for a final ruling.

related opinions

Changes to the Job Support Scheme

The government has now announced further changes to the Job Support Scheme (now renamed the Job Support Scheme Open), with both the percentage of working hours and the employer contribution to unworked hours dropping.

View blog

The Restriction of Public Sector Exit Payments Regulations 2020

On 14 October 2020, The Restriction of Public Sector Exit Payments Regulations 2020 (the “Regulations”) were made into law and will come into force on 4 November 2020.

View blog

Employers liability for practical jokes in the workplace

The extent of vicarious liability has been tested by the courts again and this time in relation to employees engaging in horseplay and practical jokes.

View blog

Job Support Scheme

The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up