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When the Sh PP scheme was introduced there was considerable debate about whether employers with enhanced maternity packages would be obliged to match those benefits for anyone taking SPL.There is no statutory requirement for them to do so and the government takes the view that there is no need for them to do so.However, Mr Ali argued that, after this time, it was the parents’ choice who had time off to care for their child and that men and women should be treated equally in this regard.The Tribunal agreed with Mr Ali, stating that “It was not clear why any exclusivity should apply beyond the 2 weeks after the birth.Whilst on paternity leave, Mr Ali informed Capita that his wife was suffering from post-natal depression and that she had been advised by a medical professional to return to work to assist her recovery.Mr Ali returned to work on 7 March 2016 and requested whether he could take further leave to care for his wife and daughter.

He successfully argued that he was entitled to the same pay as a female employee on maternity leave.Mr Ali’s partner was suffering from post-natal depression and was proposing to return to work two weeks after the birth, based on medical advice.Mr Ali wished to take shared parental leave from that point but was told he would only receive statutory shared parental pay.He subsequently raised a grievance with Capita, however this was rejected.Mr Ali then brought proceedings in the employment tribunal, alleging direct and indirect sex discrimination.

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