Eversheds Legal Services Ltd v De Belin [2011] UKEAT/0352/10 – Law Journals

Sex discrimination: Comparing like with like – shared parental leave and enhanced maternity pay

Ed Bowyer and Jo Broadbent discuss the EAT’s recent ruling on whether failure to enhance shared parental leave pay is discriminatory ‘The enhanced maternity pay was “special treatment offered to a woman in connection with pregnancy or childbirth” and could not result in a claim of sex discrimination.’ It is seven years since the government …

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The Year Ahead: What to expect in 2018

Matthew Towers and Emily Skinner outline the key developments that employers and their advisers should prepare for in the next 12 months ‘The Conservative manifesto and the Queen’s Speech made a clear commitment to act after the Taylor review to ensure that people working in the gig economy are protected. What form that action will …

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Shared Parental Leave: Dads paid less for bringing up a baby – is direct discrimination the answer?

Anthony Fincham and Val Dougan analyse two recent cases challenging employers’ failure to enhance shared parental pay rates for fathers ‘It may be possible to argue that a failure to pay enhanced rates of pay is both direct and indirect discrimination.’ We have come a long way since maternity leave was first introduced by the …

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Maternity Discrimination: Not keeping mum – new mothers face dismissal and disadvantage

Åsa Waring and Dominic Boon consider ways to curb growing discrimination against expectant mothers and women returning from maternity leave ‘The Women and Equalities Committee suggested that the government response needed to be more robust if pregnancy-related discrimination is to decline over the next decade.’ The Equality and Human Rights Commission (EHRC) and the former …

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Shared Parental Leave: Failure to give enhanced pay was justified

A recent tribunal decision has given some clues on how to tackle the payment of employees on shared parental leave, reports Claire Hollins ‘Maternity leave is considered to be distinct from paternity or parental leave and this tribunal was willing to distinguish between the two when looking at the amounts paid during those periods of …

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Sex Discrimination: Special treatment was too special

The EAT has ruled that by not selecting an employee who was on maternity leave for redundancy, an employer disadvantaged her colleague instead, reports Gemma Rusling ‘If a woman who is pregnant or on maternity leave has been treated disproportionately more favourably than is reasonably necessary to compensate her for the disadvantages that arise from …

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