EAT Overturns Sex Discrimination Finding

Paying men on paternity leave less than women receive as enhanced maternity pay is not discriminatory, the Employment Appeal Tribunal has ruled. 

The case concerned Mr Ali, who worked for Capita Customer Management, reports People Management. After the birth of their child, his wife had been advised to return to work to help her recover from post-natal depression, and the couple therefore decided that Mr Ali should stay at home with the baby.

However, the only way he could take an extended period off work was to take shared parental leave, which was paid at a statutory rate. If his wife had taken the time off as maternity leave, she would have received more pay.

He brought a claim to the employment tribunal, which ruled in his favour, finding that he had been the victim of direct sex discrimination.

However, Capita Customer Management appealed the decision, and the Employment Appeal Tribunal has now upheld this appeal and dismissed the earlier finding of direct sex discrimination.

Work-life balance charity, Working Families, which had intervened in the case, has welcomed the decision.

“Today’s decision is an important safeguard for the special employment protection needed for pregnant women and new mothers,” explained Chief Executive Sarah Jackson. “We intervened in this case because the particular workplace disadvantage women face having experienced pregnancy and childbirth must continue to be recognised in law. Only women can experience childbirth, and maternity leave is to protect women’s health and wellbeing – it cannot simply be equated with “childcare”.

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