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Case law
Ali v Capita Customer Management Ltd; Hextall v Chief Constable of Leicestershire Police

Paying you less for shared parental leave than a colleague gets for maternity leave usually isn’t discrimination.

The ruling

“Employers can lawfully pay enhanced maternity pay without extending the same enhancement to shared parental pay.”

Getting less for shared parental leave than a colleague gets for maternity leave usually isn't discrimination, because the two forms of leave aren't treated as legally comparable.

  • If your employer enhances maternity pay but pays Shared Parental Pay at the statutory rate only, that difference on its own is not usually unlawful discrimination.
  • The reasoning is that the early weeks of maternity leave are treated in law as serving the mother's recovery and bonding with a newborn, not simply childcare, so a woman on maternity leave isn't the right comparison for someone on Shared Parental Leave.
  • What the law requires as a minimum and what your employer chooses to offer on top of it are two different things, check your employer's own written family leave policy rather than assuming the law guarantees equal pay across all leave types.
Read the full case

The situation

Mr Ali worked for Capita, whose policy gave him 2 weeks' paternity leave at his normal pay but only the statutory rate for Shared Parental Leave, while birth mothers received enhanced pay for part of their maternity leave. His wife was recovering from postnatal depression, and he wanted an extended period of Shared Parental Leave so she could return to work sooner. He brought a claim of direct sex discrimination, arguing he should be paid the same as a woman on maternity leave.

What the court of appeal found

The Court of Appeal held that paying enhanced maternity pay while paying only the statutory rate for Shared Parental Leave is not direct or indirect sex discrimination, and does not breach the sex equality clause in the Equality Act 2010. The reasoning turned on comparability: the early period of maternity leave is treated in law as serving the mother's recovery and health, not purely childcare, so a woman on maternity leave is not a valid like-for-like comparator for a man on Shared Parental Leave, which exists purely to let parents share childcare.

Full citation

Ali v Capita Customer Management Ltd; Hextall v Chief Constable of Leicestershire Police. [2019] EWCA Civ 900. Court of Appeal. 2019. Permission to appeal to the Supreme Court refused.

Last reviewed 12 July 2026