A father who worked for Network Rail was awarded £28,321 by an Employment Tribunal in Scotland, following the refusal by his employer to pay him the same rate of pay as his wife whilst on shared parental leave.
Mr Snell and his wife both worked for Network Rail and made the choice to split their leave, Mrs Snell taking the first 6 months and Mr Snell taking the twelve weeks following that. After making a formal request to split the leave, Mr Snell was told that despite his wife being entitled to full pay whilst on the 6 months’ leave, he would not, and would receive the statutory parental pay totalling £139.58 for the period.
Mr Snell believed he had been indirectly discriminated against based on sex and took the case all the way to Employment Tribunal after his grievance and appeal being dismissed by Network Rail. The tribunal agreed Mr Snell was subject to indirect discrimination based on gender and awarded him compensation.
Is paying men and women different levels of shared parental pay discriminatory?
Snell v Network rail is bitter confirmation that following the introduction of Shared Parental Leave in April 2015, covered by us previously, sex discrimination can occur if employers choose to offer different rates of pay for men and women. Following the decision, Network Rail has implemented a new family policy whereby men and women are paid statutory parental pay, instead of enhanced shared parental pay.
Bhayani HR & Employment Law are specialist employment solicitors based in Sheffield. If you have any questions regarding any of the above content or Shared parental leave and pay in general, email firstname.lastname@example.org or call 0114 303 2300. We would be happy to be of assistance.