The Employment Tribunal in Mr Ali v Capita Customer Management Limited 2017 confirms father is entitled to the same rate of enhanced as mother under maternity leave policy.

Background

In this case, an employer’s maternity policy granted women the right to 14 weeks’ enhanced pay whilst on maternity leave, yet its parental leave policy granted partners statutory parental pay only. Mr Ali took parental leave to care for his newborn baby when his wife became unwell after giving birth to their child.

When he was paid statutory parental leave pay only during his period of parental leave, Mr Ali complained to an employment tribunal that his employer had treated him less favourably than its female employees. The tribunal agreed. It held that under the employer’s policies men and women who took leave to care for their babies were not on a level playing field and were not treated equally in relation to pay.

Interestingly, the Tribunal held that less favourable treatment relating to pay would not apply during the two weeks’ compulsory maternity leave period.

Whilst this case was determined by the employment tribunal and is not binding upon subsequent tribunals, it is likely to be persuasive and an indication of how tribunals will perceive such treatment by employer in future.

Click here to review the full judgment Ali v Capita Customer Management Ltd 2017, ET

Implications

Employers should check that their maternity and parental leave policies provide equal benefits to its employees.

Employers will note that now, Employment tribunal Case judgements are published as well as appellate judgments.

For one of our experienced employment solicitors to review your family policies or for any other employment queries please contact us on-line here Contact Springhouse