Shared Parental Leave – EAT finds no Direct Discrimination

Today saw the much anticipated judgment in Capita Customer Management v Ali & Working Families (Intervenor) UKEAT/0161/17 concerning the question of whether it is direct sex discrimination to pay men on shared parental leave at a lower rate than mothers on maternity leave.

In Capita v Ali the EAT has confirmed that it is not direct sex discrimination for an employer to make different payments for maternity leave and for shared parental leave.  This is because the two types of leave are not comparable – one is mainly provided for the health and safety of a mother, the other is purely for childcare reasons. 

Click here to view the case note.

The judgment can be viewed here.

Andrew Burns QC and Lucinda Harris appeared for Capita Customer Management Ltd.

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