The Supreme Court has handed down a landmark ruling that an employer who offers enhanced occupational maternity pay (above the statutory rate) but offers only statutory shared parental pay is committing indirect sex discrimination against male employees under s.19 of the Equality Act 2010. The Court rejected the argument that maternity pay is uniquely connected to the biological aspects of pregnancy and childbirth — finding that once a period of leave is available to both parents (as shared parental leave is), a pay disparity is discriminatory unless the employer can objectively justify it.
The ruling will have immediate practical consequences for employers with enhanced maternity pay schemes: they must now either equalise enhanced pay for shared parental leave or be prepared to justify the difference as a proportionate means of achieving a legitimate aim. Legal advisers to employers are recommending an urgent audit of maternity and shared parental pay policies. Male employees who were denied enhanced shared parental pay in the two years before this ruling may have claims at the Employment Tribunal. The three-month time limit from the last act of discrimination applies — ACAS Early Conciliation must be initiated first.
See the employment rights guide and the Employment Rights Act 2025 commencement news for related employment law changes.