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Is Enhanced Maternity Pay Discriminatory?

The Court of Appeal has confirmed that it is not discriminatory to pay men on shared parental leave less than an enhanced rate of maternity pay paid to women on maternity leave. In this article, Emma Roberts, looks at the case and highlights the key points to take away.

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LEGAL UPDATE: Failure to Provide Enhanced Share Parental Pay is NOT Sex Discrimination

The Employment Appeal Tribunal (“EAT”) has decided that failure to pay a male employee enhanced shared parental pay, in circumstances where it paid enhanced pay to women on maternity leave, was not direct sex discrimination.  

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Should shared parental leave pay reflect enhanced maternity pay?

Shared parental leave hasn’t had much press since its introduction in 2015. Most news-worthy stories simply commented upon the apparent lack of uptake, with new father’s not exercising their right to take such leave. One such report suggested that less than 1% of fathers had taken shared parental leave, speculating that the low uptake might be due to the fact that some employers paid enhanced maternity pay to mothers but shared parental leave pay was not comparable.

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