CIPP Payroll: need to know 2018-2019

Employment Tribunals

Shared parental leave - failure to enhance is not direct sex discrimination 13 April 2018

The Employment Appeal Tribunal has held that failing to enhance shared parental leave pay in line with enhanced maternity pay, is not direct sex discrimination as the father's situation was not comparable to a woman on maternity leave.

With thanks to Daniel Barnett’s employment law bulletin for providing this update.

Is failing to enhance shared parental leave pay in line with enhanced maternity pay direct sex discrimination?

No, held the Employment Appeal Tribunal (EAT) in Capita Customer Management Ltd v Mr M Ali.

The EAT held that the tribunal erred in their conclusion that following the initial two weeks of maternity leave, the purpose of maternity leave is childcare. The purpose of maternity leave and pay is to protect the health and wellbeing of a woman during pregnancy and following childbirth. The level of pay is inextricably linked to the purpose of the leave. The EAT held that the father's situation was not comparable to a woman on maternity leave . The purpose of shared parental leave is different from that of maternity leave/pay. The EAT noted that shared parental leave is given on the same terms for both men and women. There is therefore no direct discrimination when a higher level of maternity pay is given than would be given to either sex on shared parental leave. The EAT held that payment of maternity pay at a higher rate did fall under s13(6)(b) of the Equality Act as special treatment afforded to a woman in connection with pregnancy or childbirth.

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Private hire taxi firms to face legal action in employment status claims 23 April 2018

In the wake of the Uber case three taxi firms are to face legal action over driver’s rights. The companies are A2B, Blacklane and Green Tomato Cars and are accused of not paying their drivers the National Minimum Wage and Holiday entitlements.

The cases are backed by the Independent Workers Union of Great Britain (IWGB) union, which has won a string of successful cases on worker status, including against Uber.

The companies involved insist that their employees are independent, self employed contractors rather than being classed as workers. If they were classed as workers it would entitle the drivers to employment rights, such as receiving the national minimum wage and holiday pay, having rest breaks and having the right not to work more than 48 hours a week.

Dr Jason Moyer-Lee, general secretary at IWGB, said:

“The wide scale depravation of employment rights is not unique to Uber, it is rampant across the private hire sector in the UK. With these actions, the IWGB is stepping up its campaign to have private hire drivers recognised as the workers they are and enjoying the rights to which they are legally entitled.”