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ARTICLE · 19 SEPTEMBER 2017

UK - CABLE: Current Awareness Bulletin

Clyde & Co
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A new father wanted to take shared parental leave (SPL) to care for his baby because the mother had received medical advice to return to work so she could recover from postnatal depression -

United KingdomEmployment and HR
Nick Elwell-Sutton
Nick Elwell-Sutton
Corinna Harris
Corinna Harris
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SHARED PARENTAL LEAVE

Ali v Capita Customer Management Ltd ET/1800990/16 Whether shared parental pay should match enhanced maternity pay

A new father wanted to take shared parental leave (SPL) to care for his baby because the mother had received medical advice to return to work so she could recover from postnatal depression - but he was only entitled to statutory shared parental pay, while mothers could take 14 weeks' enhanced maternity pay. The claimant argued that, after the two weeks' compulsory maternity leave, a man caring for his baby should get the same pay as a woman performing that role.

The tribunal concluded that in the particular circumstances of this case, the claimant had suffered direct sex discrimination.

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