Compensation For Shared Parental Leave Policy Discrimination

Employer Accepted That Shared Parental Leave Policy Discriminated Against Men

In Snell v Network Rail Infrastructure Limited  Mr Snell argued that Network Rail's policy on shared parental leave and pay directly discriminated against men on the basis that mothers were entitled to enhanced shared parental pay but fathers were only entitled to the statutory level of shared parental leave pay. 

Network Rail had originally tried to justify its policy first of all on the basis that the correct comparator for the claimant was a female partner and not a mother or primary carer. Their secondary argument was that even if the policy was discriminatory, Network Rail could objectively justify it as a proportionate means of achieving its legitimate aim of recruiting and retaining women in a male dominated workforce.

By the time the matter came to the tribunal hearing,, Network Rail were no longer contesting the claim and had conceded discrimination, asking the Tribunal to assess remedy.

The tribunal awarded the claimant £6,000 injury to feelings and £16,129 for future loss, being the difference between statutory shared parental pay and what the claimant would have received had he been entitled to the enhanced level of pay.

The sad consequence of the case however is that it would seem, from the tribunal decision, that Network Rail has already changed its policy so that it no longer offers enhanced pay to any employees wanting shared parental leave, whether they be male or female.