The EAT has confirmed in Price v Powys County Council that an employer’s failure to enhance shared parental pay in the same way as enhanced adoption pay was not unlawful, as the two types of leave are not comparable.
This builds on the Court of Appeal decision in Ali v Capita that it is lawful to enhance maternity pay but not shared parental pay as those two types of leave are not comparable. The Court considered that the purpose of maternity leave was to provide special protection for the health and wellbeing of mothers in connection with pregnancy, childbirth and breastfeeding, whereas the purpose of shared parental leave is to facilitate childcare. Similarly, the EAT found that the purpose of adoption leave goes well beyond childcare alone and includes matters such as encouraging the formation of a parental bond and the taking of steps to prepare and maintain a safe environment for the child.
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