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.
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.