Employers risk falling foul of sex discrimination rules if they offer new parents different rates of shared parental pay.
Following the introduction of shared parental leave in April 2015, commercial partner at WHN, Michael Shroot, believes that there has been a spike in the number of men being discriminated against in the workplace.
Employers who choose to offer different rates of shared parental pay run the risk of discrimination claims, as demonstrated by the recent case of Snell v Network Rail.
The case of Snell vs Network Rail
The case focuses on Mr Snell, who has been awarded with almost £30,000 after Network Rail offered him a different rate of pay than his wife during their shared parental leave.
Mr Snell took 12 weeks’ leave and was given statutory pay of £139.58 per week, while his wife, who took 27 weeks’ leave, received enhanced pay amounting to her usual salary.
Because his statutory pay was not also enhanced, Mr Snell filed a grievance for sexual discrimination, but the grievance was rejected.
Soon after, he made a claim with an employment tribunal. This case was successful, concluding that the company had put Mr Snell at a disadvantage because of his gender and he received £28,321 in compensation as a result.
Since the incident Network Rail has implicated a new policy, in which both parents are given statutory shared parental pay.
What can employers do to ensure they don’t break the law?
Although there is no legal requirement to give enhancements to shared parental pay, employers need to treat both new mother and father employees equally.
By giving either enhanced pay to those on paternity leave too, or offering statutory pay to both men and women, the risks of sex discrimination claims from employees will be minimised.
For further advice on employment law, call Michael Shroot on 0161 761 8087 or email him at michael.shroot@whnsolicitors.co.uk
