Last week, the UK Employment Appeal Tribunal overturned a lower tribunal’s ruling in favor of a father who sued for discrimination after being denied enhanced pay while taking shared parental leave, Jo Faragher reported at Personnel Today, but returned the case to the lower court to reconsider whether the father in question was a victim of indirect discrimination:
In the case of Hextall v Chief Constable of Leicestershire Police, a male worker claimed that his employer had discriminated against him because of his sex as he was only entitled to receive statutory shared parental pay, when the employer paid enhanced maternity pay. …
Mrs Judge Slade ruled that the initial tribunal had erred in applying a direct discrimination comparator (as in a woman on maternity leave) to an indirect discrimination claim, so the latter will now be heard by an employment tribunal at a future date.
This case was similar to that of Ali v. Capita Customer Management, in which the Appeal Tribunal ruled last month that the plaintiff Mr. Ali had not been discriminated against when his employer, which offered enhanced maternity pay to new mothers, told him he was entitled to the statutory rate prescribed in the UK Shared Parental Leave law for his paternity leave beyond the first two weeks.
In that case, the higher tribunal said it was an error to treat Ali’s circumstances as directly comparable to those of a woman who had recently given birth, ruling that maternity leave and enhanced maternity pay have an additional purpose of supporting the “health and wellbeing of a woman in pregnancy, confinement and after recent childbirth,” which goes beyond the purpose of parental leave generally.
The UK’s Employment Appeal Tribunal has overturned a controversial ruling from a lower court that a new father whose employer had declined to enhance his statutory pay while using shared parental leave had engaged in sex discrimination, Ashleigh Wight reports at Personnel Today:
Last year, the employment tribunal ruled that it was direct sex discrimination to allow new father Mr Ali only two weeks’ leave on full pay, when female staff were allowed to take 14 weeks’ maternity leave on their full salary. …
The EAT found the employment tribunal had erroneously interpreted that Mr Ali’s circumstances were comparable to those of a woman who had recently given birth as both had leave to care for their child. The EAT said the purpose of maternity pay and leave is to recognise the “health and wellbeing of a woman in pregnancy, confinement and after recent childbirth”.
Mr. Ali, a former Telefónica employee, had transferred to a job at Capita but remained covered by his former employer’s policies, which offered 14 weeks of enhanced maternity pay to mothers on leave but only two weeks’ leave at full pay to new fathers. His wife had returned to work not long after giving birth, based on medical advice that doing so might help alleviate her postpartum depression, leaving Mr. Ali to care for the baby. When he was told that he was only entitled to the statutory rate prescribed in the UK Shared Parental Leave law for his paternity leave beyond the first two weeks, he sued, and a tribunal ruled in his favor last June.
The nonprofit organization Working Families, which advocates for parental leave and other work-life balance benefits for UK workers, cheered the appeals tribunal’s ruling, saying that a final ruling in the plaintiff’s favor would have resulted in employers abandoning enhanced parental pay for mothers rather than extending it to fathers as well, Wight adds:
Fathers in the UK who wish to play a significant role in raising their children and seek parental leave or flexibility at work to do so are still hindered by outdated assumptions about gender roles and stigmas against fathers as active parents, according to a new report from the Women and Equalities Committee in the House of Commons. Despite the good intentions behind government efforts like the Shared Parental Leave scheme, the report says, these initiatives are not doing enough to enable fathers to work flexibly, the BBC reports:
“Workplace policies have not kept up with the social changes in people’s everyday lives,” according to committee chair Maria Miller, who describes “outdated assumptions” about men’s and women’s roles in relation to work and childcare” as a further barrier to change. …
The MPs found today’s fathers were doing a greater proportion of the childcare than ever before – but still only about half the amount women do – and men who are agency or casual workers are least likely to get flexible work that suits their childcare needs, as they don’t have access to full employment rights.
The report identifies several policy recommendations that could help improve the situation, such as advertising all jobs as flexible, augmenting rights for casual or agency workers, and improving paternity pay.
The UK’s Department for Business is making a new push to raise awareness of the Shared Parental Leave program, after finding that as few as 2 percent of eligible parents are taking advantage of it, the BBC reports:
Around half of the general public are still unaware the option exists, nearly three years after it was introduced, the government said. It now plans to spend £1.5m to better inform parents about the policy. Experts say that as well as a lack of understanding of what is on offer, cultural barriers and financial penalties are deterring some parents from sharing parental leave.
The government’s campaign will encourage parents to “share the joy” through online advertising, social media and on billboards. Business minister Andrew Griffiths said the policy meant dads didn’t have to miss out on “their baby’s first step, word or giggle”.
Nearly three years after Shared Parental Leave was enacted, the government is still struggling to get British workers to use it. Approximately 285,000 couples become eligible for the publicly guaranteed benefit each year, but by one estimate last year, fewer than 9,000 parents took advantage of it in the year prior to March 2017.
Last month, a News.com.au report highlighted a novel way that a CEO in Australia has been trying to encourage better work-life balance and less presenteeism in his workforce. Robbert Rietbroek, CEO of PepsiCo in Australia and New Zealand, asks his executive team to “leave loudly” when departing the office so that they are being extra visible (and audible) role models for junior employees.
“If I occasionally go at 4 pm to pick up my daughters,” Rietbroek told the news site, “I will make sure I tell the people around me, ‘I’m going to pick up my children.’ Because if it’s okay for the boss, then it’s okay for middle management and new hires.” He added that if you are “younger or more junior, you need to be able to see your leaders go home, to be comfortable to leave.”
Since Rietbroek became CEO in 2015, he has been promoting a number of family-friendly workplace policies, including 16-week parental leave, flexible work times, and summer Fridays. The benefits are not just limited to working parents, either, as the flexibility is centered around the concept of “One Simple Thing,” where an employee can pick the most important thing in their personal life and can build a work schedule around that. For many, the one simple thing is being more involved in their children’s lives, but for others, like the head of procurement, it can be a hobby like surfing.
The UK’s Shared Parental Leave law was intended to encourage working parents to more evenly split up the burden of caring for infant children by allowing new mothers (or “lead parents” in same-sex couples) 50 weeks of leave and 37 weeks of statutory pay to divide between themselves and their partners in any proportion they choose. Since being enacted in April 2015, however, the SPL policy has failed to garner much uptake: The latest research shows that even though plenty of parents are taking leave, just a few took advantage of this policy last year, Emily Burt reports at People Management:
[F]igures published by law firm EMW found that, while 661,000 mothers and 221,000 fathers took maternity and paternity leave in the year to March 2017, only 8,700 parents took SPL. “Many new parents are unclear about how the system will work for their families and careers,” warned Jon Taylor, principal at EMW. “Fathers in particular could be concerned about coming across as less committed to their job if they ask for greater flexibility, deterring them from looking into it.” …
Separate figures obtained by People Management in June revealed that fewer than 7,500 men had taken SPL in the past year, with experts suggesting that they had been deterred by the ‘complexity’ of the rules. Meanwhile, CIPD data from December 2016 found that just 5 per cent of new fathers had opted to take SPL.
Previous studies have shown persistently low take-up of this benefit, which has left architects of the policy and advocates of mainstreaming paternity leave scratching their heads as to why it hasn’t caught on. The hundreds of thousands of fathers taking parental leave suggests that the problem is not one of insufficient demand.
Personnel Today reports on the case of a UK man who challenged his employer’s parental leave policies in an employment tribunal and won. Mr. Ali, a former Telefónica employee, had transferred to a job at Capita but remained covered by his former employer’s policies, which offered 14 weeks of enhanced maternity pay to mothers on leave but only two weeks’ leave at full pay to new fathers. His wife had returned to work not long after giving birth, based on medical advice that doing so might help alleviate her postpartum depression, leaving Mr. Ali to care for the baby. When he was told that he was only entitled to the statutory rate prescribed in the UK Shared Parental Leave law for his paternity leave beyond the first two weeks, Mr. Ali took his claim to the tribunal, which recently ruled in his favor:
Mr Ali argued that the employer’s policy assumes that a man caring for his baby is not entitled to the same pay as a woman performing that role, taking away the choice that he and his wife wanted to make for their baby. According to Mr Ali, this was not a valid assumption to make in 2016. The employment tribunal upheld Mr Ali’s sex discrimination complaint in Ali v Capita Customer Management Ltd. It accepted that men are being encouraged to play a greater role in caring for their babies.