If you, as an employer of Domestic/Household staff pay enhanced Maternity pay, but not enhanced Shared Parental Pay, (SPL) how do you stand legally?
Well at the moment, it’s a tricky question, as failing to do so has firstly been ruled that it did NOT constitute Indirect Discrimination – but then the Employment Appeal Tribunal said the first tribunal was in error and has referred it to a further tribunal to consider.
SPL was introduced in 2015 and the government has issued technical advice that there is no legal obligation to match enhanced rates of pay for parents taking it.
Two recent cases have brought the issue into the spotlight and employers were hoping there would be a clear way forward which did not leave them open to a discrimination claim.
However, this has not materialised and we now await the result of the new Employment Tribunal. If that tribunal rules that non-payment of enhanced pay
to parents taking SPL constitutes Indirect Discrimination, employers will probably absorb the additional costs of paying enhanced pay and avoid the possibility of a claim.
The Graham Agency, keeping you informed.