Mothers whose partners take leave have higher earnings and less depression, …

less favourably on the grounds of a woman’s pregnancy? He claimed direct and indirect sex discrimination. The tribunal rejected the employer’s argument that an exception to sex discrimination under the Equality Act 2010 applied. His female colleagues on maternity leave were entitled to 14 weeks at full pay and he asked for the same treatment. However employers may commence a disciplinary process for repeated failures to notify absences properly. Find your perfect qualification and study centre, or read our guidance to choose the right course for you, Achieve your CIPD qualification online with ultimate flexibility, Browse and purchase our range of textbooks, toolkits and e-books, Learn about the knowledge and behaviours needed to work in the people profession, Assess yourself against the CIPD Profession Map and view personalised development options, Get an internationally recognised qualification, All you need to know about being a CIPD student as well as access to a wide range of resources, The essential companion for busy HR professionals, Gain insight on issues that matter to HR and L&D, Our profession plays an important role in ensuring work benefits everyone. Eventually the matter reached the Employment Appeal Tribunal (EAT). (See, Only one period of paternity leave is available, even if more than one child is born as the result of the same pregnancy or if more than one child is placed with an individual or couple for adoption under the same arrangement. (See, An eligible employee who is the spouse, civil partner or partner of an individual who has adopted a child (or who is one of a couple who have jointly adopted a child) from overseas has the qualified right to take either one week's or two consecutive weeks' paternity leave. The other job must be both ‘suitable and appropriate’ and ‘not substantially less favourable’ for the woman concerned. The European Court of Justice held that this difference in treatment was sex discrimination. View our privacy policy, cookie policy and supported browsers. Although it did not arise in this case, post-natal depression may constitute a disability leading to a disability discrimination claim especially if the employer failed to make reasonable adjustments. Log in to view more of this content. Any period of absence for an illness connected with childbirth or pregnancy after maternity leave may still be sex discrimination depending upon whether any similar period of sickness of a man would have been treated differently. Favourable treatment in the application of redundancy criteria will be disproportionate if there are less discriminatory alternative measures that could be adopted, such as (in this case) measuring performance at a time when both candidates were still at work. Previous cases have supported the notion that employers can provide better pay for female workers than male workers in recognition of the special position they are in due to giving birth and to support mothers to take time off from work after childbirth and during periods of breastfeeding. The employee said that his phone battery had run out which was why he didn’t call the employer. Finally the EAT decided that there had been sex and pregnancy discrimination, and harassment. She argued that she should have been offered one of the new jobs instead of just being given the details. Discrimination against a woman occurs if she is treated unfavourably during the protected period because of the pregnancy, pregnancy-related illness, or because she is exercising, or has exercised maternity leave rights. Issue: Equality of treatment on shared parental pay. This had to be determined by reference to the particular fact in each case. Employers should avoid treating anyone who is pregnant less favourably and should also avoid treating anyone who helps or is associated with a pregnant employee less favourably. Please note: While every care has been taken in compiling these notes, CIPD cannot be held responsible for any errors or omissions. In addition, she claimed that she had been subject to detriment by reason of pregnancy and maternity and by reason that she had sought to claim maternity leave. As far as other parental rights are concerned, from 1 October 2013 one of the intended parents commissioning a surrogacy can be recognised as the legal parent when a child is born, if the relevant consents are in place. 3, R.A. 8187). Ali v Capita Customer Management and Leicestershire Police v Hextall |Court of Appeal |24 May 2019 However the obligation to offer suitable alternatives to women on maternity leave, is different from giving those women excessive protection form selection in the first place. If an employee ignores their communication obligations the right to claim automatically unfair dismissal is lost. The mother was entitled to 26 weeks’ fully paid shared parental pay, and the father only entitled to the statutory rate. If an employer dismisses an employee for time off to deal with an emergency with a dependent that employee can claim automatically unfair dismissal. It commented that making it harder for fathers to qualify for the leave than mothers was liable to perpetuate a traditional distribution of the roles of men and women by keeping men in a secondary parental role.