Family-friendly rights and support
In Alabaster v Barclays Bank plc, the Court of Appeal holds that the answer to the problem of how to enable an employee effectively to enforce her right to claim arrears of maternity pay (owed to her as a result of a failure to take into account a pay rise awarded before her maternity leave started, but after the reference period for calculating her maternity pay had ended) lay in removing the requirement in s.1(1) of the Equal Pay Act 1970 for her to point to a male comparator.
This week's case round-up from Eversheds, covering parental leave.
Karen Smith and Sophy Robinson of Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.
In South Central Trains Ltd v Rodway the EAT holds that a disagreement over entitlement to parental leave does not amount to a "reason related to parental leave" for the purpose of a complaint of being subjected to a detriment under s.47C of Employment Rights Act 1996 (leave for family and domestic reasons).
In Merino Gomez v Continental Industrias del Caucho SA, the European Court of Justice holds that pregnant workers have a dual entitlement to annual leave and maternity leave: pregnant workers must be able to take their annual leave during a period other than their period of maternity leave.
In Alabaster v Woolwich plc, the European Court of Justice holds that article 119 (now 141) of the EC Treaty of Rome requires that earnings-related maternity pay must reflect any pay rise awarded between the start of the reference period (upon which the level of the earnings-related maternity pay is based) and the end of the employee's maternity leave.
HR and legal information and guidance relating to family-friendly rights and support.