Q Is it discriminatory for men to be paid less during shared parental leave than birth mothers during statutory maternity pay?
A Male employees recently challenged their employers’ family leave pay policies in the Court of Appeal, which ruled that it is not unlawful discrimination for men to be paid less on shared parental leave than birth mothers are paid during statutory maternity leave. Claims relating to differences between maternity pay and shared parental leave fail.
Where brought as an equal pay claim, there is a statutory exemption which says the equality clause has no effect in relation to terms of work affording special treatment to women in connection with pregnancy or childbirth. Where brought as a direct discrimination claim, there is no comparator for male workers to show there has been discrimination – the only correct comparator is a woman taking shared parental leave, and if she has exactly the same entitlement to pay then the claim must fail.
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