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.
Not exact matches
However, Morneau, who also announced the introduction of up to five weeks of
parental leave
for fathers or non-birth parents to encourage greater
sharing of child - rearing responsibilities, did not address a question on the limits of legislation and what the government can do to address societal barriers that could contribute the gender
pay gap.
Of these 42 % (24 % of the whole sample) intended to enhance
pay for shared parental leave above the statutory level.
See also the references below
for information from GOV.UK about paternity
pay and leave,
shared parental pay and leave, and adoption
pay and leave.
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.
• Statutory
Pay Rates increase to # 145.18 per week for statutory maternity, adoption, paternity and shared parental p
Pay Rates increase to # 145.18 per week
for statutory maternity, adoption, paternity and
shared parental paypay.
The immediate conclusion from the case is that differences between maternity
pay and
shared parental pay remain lawful,
for now, and there is no legal obligation to change them.
The basis of the claim is that the rate of
pay for shared parental leave is the same
for both father and mother, but it has a disparate impact on fathers because they, as opposed to mothers, have no other choice.
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.
With regards to
parental leave and wellbeing there are some interesting changes proposed; both Labour and the Liberal Democrats are pushing
for an extended period of
paid paternity leave, to encourage
shared parental responsibilities and perhaps be a positive step towards closing the gender wage gap.
In provinces where the statutory
parental leave does not have to be
shared, parents may be able to divide their employment insurance benefits over a longer period, opening the door
for more fathers to take
paid leaves in these jurisdictions.
• Statutory payments — we will have the usual statutory payment increases in April 2018 which will include an increase from # 140.98 to # 145.18 in respect of statutory adoption, maternity, paternity and
shared parental leave
pay and an increase from # 89.35 to # 92.15
for statutory sick
pay.
Do these employers now need to mirror those arrangements
for individuals taking
shared parental leave and
pay?
Mr Ali was told by Capita that whilst he would be eligible
for shared parental leave he would only receive statutory
shared parental pay.
Both employers and employees should be aware that
shared parental leave
pay is only
paid for a maximum of 37 weeks — any additional weeks of leave are unpaid.
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.
Since April 2015 two parents have been allowed to
share the UK statutory
parental leave entitlement (currently up to 52 weeks, with
pay for up to 39 weeks)[3].