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Tag Archive

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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Avoiding maternity/pregnancy discrimination

Most employers are familiar with the fact that maternity and pregnancy discrimination are deemed to be ‘protected characteristics’ under the Equality Act 2010 (“EQA”) and surprisingly a recent survey of 500 managers (conducted by Slater and Gordon) highlighted a third of managers would rather employ a man in his 20s or 30s over a woman of the same age for fear of footing the maternity leave bill the woman to have a child – or worse, children.

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Discrimination on the grounds of pregnancy/maternity leave

This week while preparing to defend a claim for discrimination on the grounds of pregnancy/maternity I re-read the interesting case of Johal –v- Commissioner for Equality and HR UKEAT/0541/09/DA where the EAT held (after examining a number of important discrimination cases) that the Claimant had not been discriminated or treated less favourably on the grounds that she was on maternity leave when her employer failed to inform her of an internal role, the real reason was that there had been an administrative error.

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