What do we already know? We updated you in our January 2020 Newsletter Government reforms: New Year, New Law! that the Government had announced in the earlier Queen’s Speech that it intended to introduce the right to work flexibly from the first day of employment.  This was planned to be part of the Employment Bill…
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What do we already know? In our April 2018 Newsletter Case update (1): Sex discrimination and shared parental leave pay and May 2018 Newsletter Case update (1): Sex discrimination and shared parental leave pay we updated you on the EAT decisions in Capita Customer Management Ltd v Ali and Hextall v Chief Constable of Leicestershire…
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In the heady days of 2015 (a year after the Flexible Working request legislation was introduced) I presented to a group of HR professionals on the business case for Flexible Working and Flexible Hiring. Back in 2015 less than 7% of advertised ‘quality’ job roles (i.e. roles with a salary of £20k+ FTE) stated that…
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The EAT confirmed in the case of Hextall v Chief Constable of Leicestershire police it is possible that not enhancing shared parental pay to the same rate as maternity pay could be indirect discrimination on the grounds of sex. The EAT did not come to a decision as to whether the employer had indirectly discriminated…
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The GEO has reviewed specialist programmes designed to bring returners back into work after time out due to caring responsibilities.  This includes interviews with employers that had recently run such programmes. The results of this review are set out in the GEO’s report, Employer research on returner programmes, available here.  The report considers the characteristics and…
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What do we already know? We updated you in our April 2018 Newsflash Sex discrimination and shared parental leave pay on the EAT decision in the case of Capita Customer Management Ltd v Ali. The EAT decided that the employer had not discriminated against its employee by paying him at its shared parental leave rate…
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What do we already know? We updated you in our June 2017 Newsletter Discrimination and shared parental leave pay on the case of Ali v Capita Customer Management Ltd. The Tribunal decided that the employer had discriminated against its employee, on grounds of sex, by not paying him his full salary when he was on…
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Summary:  Is it direct sex discrimination not to pay full salary to a father taking shared parental leave, in circumstances where a mother taking maternity leave during the same period would have received full pay? Yes, says the Tribunal in Ali v Capita Customer Management Ltd, available here.   Facts:  The Employer, Capita Customer Management…
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What do we already know? We updated you in our recent October 2016 Newsflash Discrimination & shared parental leave pay on the case of Mr Snell v Network Rail Infrastructure Limited in which a Tribunal award was made to a male employee of almost £30,000 for sex discrimination after his employer offered him only statutory…
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What do we already know? We updated you in our October 2014 Newsletter Government reforms (1): Family friendl(ier) – shared parental leave and pay  on the introduction and detail of shared parental leave.  We also warned you of the risks of discrimination claims if you do not offer the same rate of pay to both…
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