Law Matters
Parental leave pay and maternity pay
It is not discriminatory to pay men on shared parental leave less than an enhanced rate paid to women on maternity leave says the Court of Appeal in Ali v Capita Customer Management Ltd and Chief Constable of Leicestershire Police v Hextall [2019] EWCA Civ 900.
There are special provisions in the Equality Act 2010 that allow for the special treatment of women in connection with pregnancy or childbirth, the purpose of which is not childcare but other matters relating to the birth and not shared by the husband or partner.
Employers are therefore entitled to pay an enhanced rate to women on maternity leave and the statutory minimum parental leave pay to those taking parental leave.