We look at how genuine occupational requirement exceptions are applied (where discrimination is permitted under the Equality Act) on our website.
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About Victoria Albon
Victoria has experience of advising on a wide range of contentious and non-contentious employment law issues. This includes significant experience of defending a wide range of claims in the employment tribunal, including claims for unfair dismissal and discrimination as well as claims for unlawful deductions of wages, holiday pay and under TUPE. Victoria regularly advises on non-contentious matters including the application of TUPE, handling collective redundancy consultations and changing terms and conditions.
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No requirement to enhance pay for shared parental leave
We blogged in June last year about the employment tribunal claim of Ali -v- Capita Customer Management Ltd where Mr Ali was successful in his claim for direct sex discrimination. Female employees at Capita were entitled to 14 weeks’ full pay on maternity leave whereas fathers were only entitled to two weeks’ full pay on paternity and shared parental leave. Mr Ali's wife was advised to return to work early from maternity leave after being diagnosed with post natal depression. Mr Ali asked Capita whether he could take leave instead and was told he could take shared parental leave on statutory pay. The Tribunal found that this was direct sex discrimination.
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