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Equality North East

The pitfalls of shared parental pay

Employers that donít get their policy right leave themselves open to indirect discrimination claims, warns Anthony Fincham.

The latest case to deal with shared parental pay (SPP), Hextall v Chief Constable of Leicestershire Police, supports the view that if an employer pays enhanced maternity pay but not enhanced SPP they may be at risk of a legal challenge.

Although no decision was made and the case has been sent back for a further hearing on the facts, the judgment breathes life into the indirect discrimination argument. This case follows Ali v Capita Management Services, which dealt with similar facts where arguments based on direct discrimination were rejected.

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May 22, 2018

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