Definitive decision on shared parental pay

The case of Chief Constable of Leicestershire v Hextall was heard by the Court of Appeal last year, in the conjoined appeal with Ali v Capita.

The question before the court was whether it was discriminatory on the basis of sex to pay men taking shared parental leave less than the rate of pay received by women on maternity leave.

It was an important decision because there are many reasons why businesses choose to pay enhanced maternity packages to women, including retention and diversity aims.

The Court of Appeal last year found that it was not discriminatory to have different types of pay for the different types of leave, upholding previously accepted arguments that maternity leave is for the health and wellbeing of the mother and baby, whereas the purpose of shared parental leave is for the care of the child.

The Supreme Court has refused permission to appeal, meaning that this is the definitive word on the subject.

Commentators acknowledge that a different decision could have led to businesses removing enhanced protection for both groups, rather than enhancing both, and therefore it is seen as positive recognition for women’s rights.

If you or your business require advice or need assistance in ensuring you are compliant, please get in touch with our specialist Employment Law team through this website or by calling 0330 404 0778.

Our partners at Ashtons HR Consulting may also be able to assist you.