Shuter v Ford Motor Company Ltd [2013] ET/3203504/13 – Law Journals

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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Shared Parental Leave: The law of unintended consequences

Lauren Pullen-Stanley discusses the potential impact of the first tribunal decision to consider the pay given to men and women on shared parental leave ‘In light of Snell, it is advisable that employers amend any policy which pays men and women different levels of shared parental pay.’ There was a flurry of excitement among employment …

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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: Tackling the tricky issues

Ed Bowyer and Jo Broadbent provide answers to some of the more difficult queries being raised about the new SPL system ‘If tribunals continue to accept that the purpose of maternity leave is not simply to care for a child, the prospects of a successful direct discrimination claim remain slim.’ Most employers and their advisers …

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Shared Parental Leave: The question of enhanced pay

Simon Kerr-Davis and Gemma Parker take a detailed look at the practical and legal issues that employers face when deciding whether to offer enhancements to employees on SPL ‘The publicity around SPL means more employees are likely to be aware of this right, may see it in effect as a simple transfer of maternity rights …

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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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