Father Refused Enhanced Parental Leave, No Discrimination

As an employer of domestic staff you need to be aware of rulings on Parental Leave, as it may affect one of your employees.

In a recent case, a new father was refused enhanced pay while on shared Parental Leave although it was paid to the mother. The father won his case at Employment Tribunal on the basis of direct sex discrimination by allowing the new father only two weeks’ leave on full pay, when female staff were allowed to take 14 weeks’ maternity leave on their full salary.

But that ruling has now been overturned by the Employment Appeal Tribunal. They have ruled that it is not discriminatory for the father to have the same rights as the mother after the birth of a baby.

In essence, the Employment Appeal Tribunal said the purpose of maternity pay and leave is to recognise the “health and well being of a woman in pregnancy, confinement and after recent childbirth.”

As always, we recommend taking appropriate professional advice before taking any employment related action.

The Graham Agency, keeping you informed.

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