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Shared Parental Leave - Where Are We Now?

on Friday, 28 February 2020.

The question of whether it was discriminatory to offer enhanced maternity leave and not enhanced parental leave was put to the Court of Appeal last year. Following that decision one of the claimants involved sought leave to appeal to the Supreme Court.

We reported extensively on the shared parental leave cases of Hextall v Chief Constable of Leicestershire Police and Capita Customer Management (CCM) v Ali last year.  At that time Hextall was being appealed to the Supreme Court.

The Supreme Court has now refused permission to appeal.  Therefore, the Court of Appeal's decision remains binding. The Court of Appeal held that it is not discriminatory for an employer to have enhanced maternity leave but not enhanced shared parental leave benefits.

What Does This Mean for You?

The Supreme Court's actions confirm that no amendments to existing shared parental leave policies will be required to match up with enhanced maternity leave benefits. It is of course open to employers to go beyond the strict legal requirements and equalise these benefits and we understand that many have decided to do so.


For more information on shared parental leave, please contact Michael Halsey in our Employment Law team on 020 7665 0842, or complete the form below.

 

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