Men taking shared 
parental leave


A. Possibly. There are currently two conflicting employment tribunal decisions on this question and both are being appealed in the Employment Appeal Tribunal.


In the case of Ali v Capita 2017 (ET 1800990/2016), Mr Ali wanted to take shared parental leave to care for his baby, commencing two weeks after the birth. However, despite the fact that female employees were entitled to 14 weeks of enhanced pay when on maternity leave, Ali was informed he would receive only statutory pay. 


The employment tribunal upheld Ali’s claim that it was direct sex discrimination to refuse to grant him the enhanced rate of pay which was given to female employees on maternity leave. 


The appeal in this case is due to be heard this month.


In contrast, in the case of Hextall v Chief Constable of Leicestershire Police (ET/2601223/2015), police constable Mr Hextall was unsuccessful in his claim that he should have received enhanced maternity pay while on shared parental leave. 


Mr Hextall’s claims of direct and indirect sex discrimination were both rejected, with the tribunal finding that men taking shared parental leave could not compare themselves with women taking maternity leave. 


It said in their view there was a material difference between the two. The appeal in this case is due to be heard in January 2018.