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In Capita v Ali the EAT has confirmed that it is not direct sex discrimination for an employer to make different payments for maternity leave than for shared parental leave.  This is because the two types of leave are not comparable – one is provided for the health and safety of a mother following childbirth, the other purely for childcare. 


Case facts

Mr Ali was transferred to Capita from Telephonica in 2013 under a policy which entitled him to two weeks


Employment tribunal decision

The employment tribunal (ET) found in favour of Ms Brookes’ on all her discrimination claims. In respect of her claim of indirect discrimination, the ET found that by requiring all applicants to pass an on-line

How can EEF Help?

EEF members can also find additional information and support on HR resources section of the EEF website.