Not exact matches
The
enhanced parental leave policy is the newest addition to our existing
leave policies which include 16 weeks of
paid maternity, adoption and surrogacy
leave for primary caregivers.
Of these 42 % (24 % of the whole sample) intended to
enhance pay for shared
parental leave above the statutory level.
There are yet to be any cases to assess whether it is discriminatory for employers to
enhance maternity
pay but not shared
parental pay although we would urge all employers to act with caution if offering different rates of
pay to males and females when taking any type of family friendly
leave.
Addleshaw Goddard's commitment is further outlined by its investment in an annual female development programme, truly flexible shared
parental leave package which mirrors the
enhanced pay offered to maternity leavers and its support of a wide range of agile working arrangements, from term - time working to home working to reduced hours, with around 70 % of workers reporting working flexibly, regularly or from time to time.
The EAT have held that an employer's failure to
pay enhanced shared
parental leave (SPL) to a male employee when it did
pay enhanced maternity
leave to female employees was not direct sex discrimination (our blog on the Tribunal's earlier decision can be found here).
While men on shared
parental leave can not directly compare themselves with women on maternity
leave,
enhancing maternity
pay but not shared
parental pay may give rise to an indirect discrimination claim.
This case is the first challenge to an employer's decision about
enhanced pay during a period of shared
parental leave.
The issue of whether it is discriminatory to
enhance maternity
pay but not shared
parental pay remains unresolved by the higher courts, but this decision ought to prompt employers to review their policies about
enhanced pay to avoid falling into the trap that Network Rail did, and also to ensure that there is parity between the provisions of any policies relating to shared
parental leave in general.
The policy in place at the relevant time was that mothers were
paid at an
enhanced rate for up to 26 weeks of shared
parental leave, (and at the statutory rate for 13 weeks thereafter) but there was no equivalent benefit for fathers, who were only entitled to statutory shared
parental pay for the duration of their period of
leave.
In the case of Capita Customer Management Limited v Ali the Employment Appeal Tribunal («EAT») reversed the decision of the Employment Tribunal («ET») and ruled that an employer did not directly discriminate against men on grounds of sex by refusing a new father
enhanced pay whilst on shared
parental leave whilst female employees received
enhanced maternity
pay for the first 14 weeks of maternity
leave.
Pay freeze not validly implemented; notice provisions matter; enhanced pay for shared parental lea
Pay freeze not validly implemented; notice provisions matter;
enhanced pay for shared parental lea
pay for shared
parental leave?
Many employers who
enhance maternity
pay have chosen not to mirror this for shared
parental leave, pending clarity as to whether this could be direct or indirect sex discrimination.
Concrete actions by policy makers, already practised in many counties, are: matching
paid parental leave to the rate and duration observed in Scandinavian countries; providing adequate public funding and developing tax policies that allow parents to make appropriate child - rearing choices,
paying greater attention to children from poor or diverse backgrounds; integrating child care and early education under one ministry or agency and thereby
enhancing quality, qualification requirements, accessibility and affordability.