Shared Parental Leave and Sex Discrimination


2 cases were heard by the Court of Appeal to determine whether it is discriminatory to pay men on shared parental leave less than an enhanced rate paid to women on maternity leave.  In both cases, the CoA found that it is not discrimination - direct or indirect.  

It is not direct discrimination because men on parental leave and women on maternity leave or not in comparable positions for the purposes of the Equality Act 2010.  The court's judgment said that:   "The predominant purpose of such leave is not childcare but other matters exclusive to the birth mother resulting from pregnancy and childbirth and not shared by the husband or partner."

Source: Daniel Barnett

For further advice on shared parental leave policies, please contact the Starford team on 01342 347063 or email