Keywords: Discrimination — direct discrimination; Discrimination — indirect discrimination; maternity leave and pay; shared parental leave and pay


Family friendly policies that pay female employees enhanced maternity pay, while male employees taking shared parental leave only receive statutory pay, neither directly nor indirectly discriminate on the grounds of sex due to the different purpose of maternity leave when compared to shared parental leave. There were also no grounds to insert a comparable term to receive full pay under the sex equality clause as the more favourable maternity pay term is deemed special treatment in connection with pregnancy or childbirth.

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