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The employment tribunal upheld his claim, commenting that the role of primary carer is a matter of choice for the parents, but that the choice should be free of “generalised assumptions” that the mother is always best placed to undertake the primary role and should get full pay.
As the case is a first-instance decision and therefore not binding, employers will have to wait for an appeal court decision before greater certainty is provided.
He complained that this amounted to direct sex discrimination given his employer’s policy to enhance maternity pay.(employment tribunal) Since shared parental leave was introduced in 2015, the issue of whether or not employers need to enhance shared parental pay if they already enhance maternity pay has been controversial.The recent employment tribunal decision in has generated further uncertainty.Case law, Commission, Computer misuse, Disability, Disability discrimination, Dismissal, Dress codes, Employment tribunals, Enhanced pay, Family-friendly benefits, Holidays and holiday pay, Human rights, Maternity & paternity, Online recruitment, Psychometric & personality testing, Reasonable adjustments, Recruitment & retention, Religion, Religious discrimination, Shared parental leave, Sickness absence, Social media, Staff monitoring, Terms and conditions of employment, Unfair dismissal, Whistleblowing, Working Time Regulations The decision by the Supreme Court that the employment tribunal fees system is unlawful may be one of the most monumental employment law decisions this year, but there have been a number of other significant cases.Laura Merrylees looks at six of the top employment law decisions in 2017, and a few decisions to look out for in the future.