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Failure to provide enhanced shared parental pay is not direct sex discrimination

19 Apr 2018
Shared parental leave was launched in 2015 but the uptake has been relatively low.  A common question that employers asked prior to its introduction was what approach they should take to shared parental pay.  In particular, employers wanted to understand whether a male employee might succeed in a sex discrimination claim if he only received statutory shared parental pay in circumstances where a female employee taking maternity leave would receive enhanced maternity pay.  The Government's view was that this would not be sex discrimination.