Paternity pay case could have significant repercussions

A case which could have major implications for paternity leave is set to be heard by the Employment Appeal Tribunal (EAT).

Madasar Ali is pursuing a case against outsourcing firm Capita after he approached his employer seeking an extended period of paternity leave.

He had wanted to take time off to care for his new-born child, after his wife was diagnosed with post-natal depression.

Capita said that Mr Ali – who works in the firm’s call centre – would only be entitled to two weeks’ paternity leave on full-pay, an offer which he argues is discriminatory, given that women would receive 14 weeks.

An Employment Tribunal had previously upheld his sex discrimination claim, prompting this appeal by the employer.

The eventual outcome of the case could have major implications for similar wrangles between men and their employers.

John Adams, from Dad Blog UK, said Mr Ali’s case had highlighted an important disparity.

Speaking to BBC Breakfast last month, he said: “If men aren’t getting the same rights as women, they can’t actually get involved in family life, they can’t afford to take the time off, so they don’t, so from the earliest days they are basically discriminated against.”

If you would like guidance on the law relating to paternity or maternity leave please email Jo Yeates or David Scott or call 01904 528200.