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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48202
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A bit of a weird one, I am currently taking shared parental

Resolved Question:

Hello a bit of a weird one,
I am currently taking shared parental leave my wife took the first 6months off and I am taking 3 months off. I believe that i should be entitled to the same benefits as a female colleague that takes maternity leave, in my workplace 6 weeks at 100% and then 12 weeks at 50% plus statutory. My policy does not make it clear that a female taking spl would not be entitled to these benefits. As far as I am aware I am the first person to take spl in my company. Is this not sexual discrimination if it isn't why isn't it? Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Just to be clear are you comparing SPL benefits to maternity leave benefits?
Customer: replied 1 year ago.
but as far as I understand my wife has been on spl while she has been on leave... Maybe an argument to say she has been on maternity leave for the first two weeks and the spl from then
Customer: replied 1 year ago.
she was still entitled to her maternity benefits
Expert:  Ben Jones replied 1 year ago.
ok I need to look into this in a bit more detail, I will reply this eve
Customer: replied 1 year ago.
Thanks
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. Yours is an interesting question and in reality, it is one which is likely to be testing new grounds. The shared parental leave scheme only came in a year ago and as such it takes time for any related claims to be brought through the courts and to end up in the Employment Appeals Tribunal, which is the lowest binding authority in employment matters. So I am not actually aware f any claims having yet been brought for discrimination on the grounds you are seeking. It is possible, but there is no case law to refer to, so if you were to make a claim then you could well be a test case. What you might find interesting is some comments on this which say that this is potentially discriminatory and what they think the problems would be by the introduction of this legislation: http://www.personneltoday.com/hr/shared-parental-leave-may-trigger-discrimination-claims-from-men/ http://www.cipd.co.uk/pm/peoplemanagement/b/weblog/archive/2015/04/02/shared-parental-leave-arrives-with-risk-of-discrimination-claims.aspx http://www.newlawjournal.co.uk/nlj/content/shared-parental-leave-spot-difference So you can consider challenging it but it will be a lot of if’s and but’s and you will be working from scratch in many ways s this would be a challenge of new legislation with not much binding law to back any claim up. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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