An important decision has recently been made by the Court of Appeal in a long-running sex discrimination case.
This decision was on the question of whether a man on Shared Parental Leave had been discriminated against because he had only received the statutory rate of pay, whereas women within his organisation who were on Maternity Leave received an enhanced rate of pay.
This case is Ali v Capita Customer Management Ltd. It had already been heard by an Employment Tribunal in June 2017, where the Tribunal decided that Mr Ali had been discriminated against, and by the Employment Appeal Tribunal in April 2018, where the Employment Appeal Tribunal found that there was no sex discrimination.
It was heard by the Court of Appeal in May 2019, along with another case of Chief Constable of Leicestershire Police v Hextall.
The Court of Appeal has now provided some important clarity for employers in its decision. It has found that:
Following this argument, we believe it would also therefore be reasonable to pay a man on Paternity Leave only statutory Paternity Pay, but to pay enhanced payments to a woman on Maternity Leave. Again, this is because the woman on Maternity Leave is in a unique position with this special protection.
However, Mr Ali and Mr Hextall are seeking leave to appeal to the Supreme Court and as such, this may not be the end of the issue.
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