Maternity and parental rights

Discontinuing childcare vouchers during maternity leave was not discrimination

An employer did not discriminate when it made it a condition of entry into its childcare voucher scheme that the vouchers, which were provided through salary sacrifice, would be suspended during maternity leave. 
Peninsula Business Services Ltd v Donaldson
 

Employer justified in not paying enhanced additional paternity pay

An employer did not discriminate by paying only the statutory rate of additional paternity pay to a male employee on additional paternity leave when a female employee on maternity leave would have been entitled to full basic pay. Although the policy was indirectly discriminatory, it was objectively justified by the need to recruit and retain women in a male-dominated workforce.
Shuter v Ford Motor Co Ltd
 

Women who become mothers via surrogacy not entitled to maternity rights

Women who become mothers via a surrogacy arrangement and are denied maternity or adoption leave do not fall within the scope of the Pregnant Workers Directive and nor are they protected by European discrimination law.
C.T. v S.T.
 

Dismissal for post-natal depression after maternity leave

Dismissal for post-natal depression after maternity leave had ended was neither pregnancy nor sex discrimination.
Lyons v DWP Jobcentre Plus
 

Suitability of alternative work on return from maternity leave: one size doesn’t fit all

A reminder that whether a job is ‘suitable’ for the purposes of the right to return from additional maternity leave cannot be assessed simply by looking at the job title.
Kelly v Secretary of State for Justice
 

Surrogacy and maternity leave: a state of confusion

Is a mother who receives a baby in a surrogacy arrangement entitled under EU law to maternity leave? Two preliminary judgements from Europe have given diametrically opposing opinions.
C.D. v S.T.; Z v A Government Department and the Board of Management of a Community School
 
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