Paternity Discrimination Employment Appeal Tribunal
The amount of paternity pay new fathers are eligible to claim could change forever depending on the result of an Employment Appeal Tribunal. The case is being bought by a father who took paternity leave after his wife was advised to return to work after being diagnosed with postnatal depression after the birth of their daughter.
He found he did not have the same rights to pay as a mother would have when his employer offered him two weeks paternity pay. He argues he should have been eligible to the full 14 weeks pay, and the fact he was not is an act of discrimination based on his sex.
The process began with a grievance that seemingly was not handled correctly, and concluded that he was not entitled to additional pay. The initial tribunal found that this decision went against the shared parental leave regulations that have been in place since 2015.
Employment Judge Rogerson commented on the case: ‘It was accepted that he was denied that benefit and was deterred from taking the leave and was less favourably treated as a man. Either parent can perform the role of caring for their baby in its first year depending on the circumstances and choices made by the parents. Inevitably more mothers will take primary responsibility from birth and immediately afterwards but that does not necessarily follow.’
Head of the Lawson-West Employment department, Vaishali Thakerar comments: “Families can make decisions about the care for their children to suit themselves and their circumstances. They must not feel like they will face any type of discrimination in the work place based on their choices. This is unacceptable.
If it has happened to you please contact myself of a member of my team on 0116 212 1000 / 01858 445 480; we will provide advice and guidance about your next steps.”
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