May Legal Update

EAT gives landmark judgement on shared parental pay

This month, the Employment Appeal Tribunal (EAT) has handed down its judgement on a direct sex discrimination case involving shared parental pay.

In other case law, the Supreme Court held there was an implied term in all contracts of employment as to the point that a notice period begins.

Shared parental pay was not direct sex discrimination

The Employment Appeal Tribunal (EAT) has recently decided that paying women on maternity leave more than men on shared parental leave was not direct sex discrimination.

The ruling was based on the determination that a woman who has given birth is entitled to special treatment in connection with the childbirth that cannot be compared to a man on shared parental leave.

Open consultation on bereavement leave for parents

The government has opened a public consultation on The Parental Bereavement (Leave and Pay) Bill that will run until 8 June 2018. The proposed Bill looks to increase protection for working parents who suffer the loss of a child under the age of 18.  

The Department for Business, Energy and Industrial Strategy is encouraging individuals to respond to a series of questions to better define various aspects of the Bill ahead of its anticipated 2020 introduction.

Case law

The Supreme Court has ruled on a landmark redundancy case, deciding that a notice period should begin only once an employee has been afforded a reasonable opportunity to review the termination notice.

The decision could potentially create a new implied term into every employment contract in the UK.

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