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EAT finds failure to match shared parental pay to enhanced maternity pay is not discriminatory
Responding to today’s decision from the Employment Appeal Tribunal in the case of Capita Customer Management Ltd v 1) Mr M Ali 2) Working Families (Intervenor): UKEAT/0161/17/BA, Working Families says -
‘The Employment Appeal Tribunal set aside the Tribunal finding that Mr Ali had been directly discriminated against by his employer when he did not receive enhanced Shared Parental Pay in the same way that a comparator woman on Maternity Leave received enhanced pay. The judge decided the Tribunal had failed to consider the different purposes of Shared Parental Leave (SPL) and Maternity Leave. The judgment confirms that the purpose of SPL (to care for a child) is different from the purpose of maternity leave (which is to support the health and wellbeing of a mother before, during and after childbirth) and the entitlement of pay is inseparable from the type of leave taken.’