Family rights

Seeking to take parental leave

On a straightforward reading of the relevant regulations, there was no absolute requirement that an employee must have given notice to take parental leave for them to have ‘sought’ to take parental leave.

Enhancing shared parental leave pay

Enhancing the pay of women on maternity leave but not men on shared parental leave is not direct or indirect sex discrimination and even if indirect, it would be objectively justified. Where enhanced maternity pay is contractual, the sex equality clause does not apply as it relates to special treatment related to maternity.

Maternity 'pause clause' for training costs was discriminatory

An employee who went on maternity leave was discriminated against and unfairly dismissed after her employer paused her training agreement to recoup expensive training costs.

Shared parental leave: door opened to indirect sex discrimination claims?

While men on shared parental leave cannot directly compare themselves with women on maternity leave, enhancing maternity pay but not shared parental pay may give rise to an indirect discrimination claim.

Dismissal of pregnant employee and what the employer knows

An employer was not obliged to revisit its decision to dismiss when it became aware that the employee was pregnant.

Risk assessments for breastfeeding workers

Generic risk assessments of jobs where breastfeeding workers are involved are incompatible with EU law as each worker’s personal circumstances must be considered. A failure to conduct an appropriate risk assessment gives rise to a prima facie case of discrimination.

Father entitled to the same rate of enhanced shared parental pay as mother

Ali v Capita Customer Management Ltd


An employment tribunal has held that a male employee was subjected to direct discrimination when his employer refused to allow him to take 12 weeks shared parental leave at full pay when a female comparator would have been entitled to it