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ARTICLE · 13 JULY 2017

Employment Essentials: June 2017's Top 5

Gowling WLG
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Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business - what they are, and what you can do about them.

United KingdomEmployment and HR
Connie Cliff
Connie Cliff
Jane Fielding
Jane Fielding
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Enhancing family-friendly pay: the baby elephant in the room

Can employers offer enhanced contractual maternity pay to mothers, but only statutory shared parental leave (ShPL) pay to fathers? At what point is maternity leave no longer designed to protect a woman's biological condition following pregnancy, or the special relationship between mother and baby, and instead becomes akin to childcare?

Whether an employer, who fails to match maternity pay enhancements, will face a successful discrimination claim from a man on ShPL has been the baby elephant in the room for some time. This month we had the Employment Tribunal decision in Ali v Capita Customer Management Limited tackling this question. The Tribunal found that disparity in policies offering enhanced contractual maternity leave pay to female employees but only offered statutory ShPL pay did directly discriminate against a male employee.

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