Maternity Rights and Parental Leave – Sex Discrimination – Jurisdiction
The Employment Tribunal was right to conclude that, on their correct construction, the Police Regulations and the determinations made thereunder entitled the Claimant to receive the London Allowance in full throughout her maternity leave.
However, the Respondent did not pay the London Allowance (in part or in whole) to the Claimant for much of her maternity leave, because she was on maternity leave.
The Claimant brought a claim for sex discrimination. This claim:
(1) was not excluded by section 76 of, or paragraph 17 of Schedule 9 to, the Equality Act 2010; and
(2) (following the judgment of the European Court of Justice in Webb v EMO Air Cargo (UK.) Ltd [1994] QB 718) did not require the Claimant to prove that the Respondent would have treated a man differently.
Citations:
[2019] UKEAT 0032 – 19 – 2911
Links:
Jurisdiction:
England and Wales
Employment
Updated: 16 October 2022; Ref: scu.646859
