Enhanced payment for maternity leave but not shared parental leave | EEF

EAT decision on enhanced payment for maternity leave

Subscribe to Business Support blog feeds


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 than for shared parental leave.  This is because the two types of leave are not comparable – one is provided for the health and safety of a mother following childbirth, the other purely for childcare. 


Case facts

Mr Ali was transferred to Capita from Telephonica in 2013 under a policy which entitled him to two weeks


Employment tribunal decision

The employment tribunal (ET) found in favour of Ms Brookes’ on all her discrimination claims. In respect of her claim of indirect discrimination, the ET found that by requiring all applicants to pass an on-line

How can EEF Help?

EEF members can also find additional information and support on HR resources section of the EEF website.


Principal Legal Adviser

Other articles from this author >
data-protection GDPR and data protection requirements

We've compiled the top tools to ensure you comply with the new data protection requirements.

Read more >
genderpaywebinar Gender pay reporting made easy

This free webinar by employment law expert Tim Thomas gives you the tools to tackle gender pay reporting.

Read more >
HRbrochure Download our HR Consultancy Solutions brochure

Our HR consultants help clients to meet their people management challenges, with professional support that makes a real difference to the organisation.

Read more >
Online payments are not supported by your browser. Please choose an alternative browser or make payments through the 'Other payment options' on step 3.