Category Archives: Maternity

Does an employer have to pay enhanced shared parental leave pay if it pays enhanced maternity pay?

Only women receive enhanced maternity pay so is it discrimination?  The answer is no, based on this recent Court of Appeal decision. The case was actually a joined appeal of two cases: Ali v Capital Customer Management Ltd and The Chief Constable of Leicestershire Policy v Hextall, which we have reported on previous. The Law […]

Unfavourable treatment of an employee on maternity leave: An example

maternity discrimination

Sending an email to an employee on maternity leave to inaccessible account could be ‘unfavourable treatment‘ In the case of SW Yorkshire Partnership NHS Foundation Trust v Jackson it was recently decided that sending an important email to an employee on maternity leave to an account she did not have access to, could amount to […]

Pregnant Employees: Risk Assessments & Sickness Absence

An employer’s guide to dealing with pregnant employees: Sickness & Risk Pregnancy Risk Assessment Contrary to popular belief there is no legal obligation upon you as an employer to carry out a specific risk assessment for a pregnant employee. Employers are required to protect the health and safety of all employees which includes undertaking a […]

Shared Parental Leave and Direct Sex Discrimination

Is an employer obliged to pay enhanced pay for shared parental leave? In June 2017, we reported on the Podcast about an Employment Tribunal case where a male employee, Mr Ali, successfully claimed direct sex discrimination when his employer refused to pay him enhanced shared parental leave pay. You can listen here. Mr Ali’s employer appealed […]

Can you dismiss an employee if the decision to dismiss is made before knowledge of pregnancy?

This difficult question was considered in the case of Really Easy Car Credit Limited v Miss A Thompson when the employer decided to dismiss their employee for conduct and performance reasons but was then told by the employee that she was pregnant. The Law The law affords special protection to employees who are pregnant or on […]

Contractual Benefits & Maternity Leave

Is an employee on maternity leave entitled to receive childcare vouchers? There has been a recent decision of the Employment Appeal Tribunal concerning employee rights during maternity leave, namely in relation to benefits during maternity leave. The Law The law regarding maternity rights is set out in the Maternity & Parental Leave regulations 1999 which […]

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