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GBP 28,000 awarded where enhanced shared parental leave pay only available to women

In Snell v Network Rail, both Snell (S) and his wife work for Network Rail. They informed Network Rail that they would be taking shared parental leave. Under the employer’s policy, S would be entitled to up to 39 weeks’ shared parental leave pay at the statutory rate and up to a further 13 weeks’ unpaid leave.

In Snell v Network Rail, both Snell (S) and his wife work for Network Rail. They informed Network Rail that they would be taking shared parental leave. Under the employer’s policy, S would be entitled to up to 39 weeks’ shared parental leave pay at the statutory rate and up to a further 13 weeks’ unpaid leave. S’s wife would receive up to 26 weeks’ shared parental leave pay at her full rate of pay, inclusive of her statutory payments, up to a further 13 weeks’ leave paid at the statutory shared parental pay rate and up to a further 13 weeks’ unpaid leave.

S raised a grievance in September 2015 alleging that the different pay rates for fathers compared to mothers amounted to discrimination because of his sex. The grievance was rejected in January 2016. S appealed and at the same time launched direct and indirect sex discrimination claims in tribunal. The key elements of his claim were that the length of time taken to deal with his grievance was unreasonable and there was no material difference between a father taking shared parental leave and mother taking shared parental leave and therefore there should be no difference in the amount of pay received.

S’ appeal was rejected in April 2016, but Network Rail then amended its shared parental leave policy in July 2016 so that both the parents received just statutory shared parental pay. The employer then informed the ET that it would not be contesting S’ indirect sex discrimination claim, with the proviso that the direct sex discrimination claim was withdrawn and requested that the ET deal with remedy only. S did not object and the ET made a declaration that S was indirectly discriminated against in relation to his sex by the application of Network Rail’s policy, which put S, as a man, at a particular disadvantage when compared to women during periods of shared parental leave.

The ET awarded S compensation totalling GBP 28,321, which included GBP 16,129 for future loss of earnings, based on the leave taken at the differing pay rate, £6,000 for injury to feelings, GBP 2,779 for the employer’s failure to follow the Acas Code of Practice on disciplinary and grievance procedures, because of the way the grievance had been handled and GBP 1,200 reimbursement of tribunal fees.

As an ET decision, the judgment does not set a precedent, but shared parental leave is a complex issue and this is the first known case to highlight the potential dangers of different treatment of mothers and fathers. Employers are advised to review their shared parental leave policy to ensure it is not discriminatory.

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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