Sentences with phrase «enhanced shared parental pay»

Case: The EAT has held that it is not direct sex discrimination for an employer to offer enhanced maternity pay and fail to pay enhanced shared parental pay in line with this.

Not exact matches

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.

Action point: Employers who pay more than 26 weeks enhanced maternity pay, but a lower amount of shared parental pay, may want to risk - assess this policy.

A recent case has provided employers with helpful guidance as to whether they need to match enhanced maternity pay with equivalent shared parental pay.

Employers who pay enhanced maternity pay, but do not pay equivalent shared parental pay, should therefore be reassured by this decision.

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.

Failure to match shared parental pay with enhanced maternity pay is not direct discrimination

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 leaPay freeze not validly implemented; notice provisions matter; enhanced pay for shared parental leapay 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.