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.
«Short - term contracts are especially damaging
for women on maternity leave,» says Rachel Tobbell, head of research support at the Royal Society.
The United States is one of just two developed nations — along with New Guinea — to not provide paid benefits to
women on maternity leave, according to the International Labor Organization.
The headline from Capita Customer Management v Ali is that the decision of the Employment Tribunal has been overturned, and Mr Ali does not have to receive as much pay for his shared parental leave as would
a woman on maternity leave.
Overturning the tribunal's decision, the EAT held that a father taking shared parental leave is not comparable with
a woman on maternity leave.
In Ali v Capita Customer Management Ltd, a father succeeded in his claim for direct sex discrimination when he was told that shared parental pay only entitled him to 2 weeks full pay following the birth of his child and not the 14 weeks granted to
women on maternity leave...
A woman on maternity leave was therefore not an appropriate comparator for Mr Ali; her circumstances were materially different to his.