Father wins discrimination claim over paternity leave

A father has won his discrimination claim against his employer after being denied his full paternity rights.

Call centre worker Madasar Ali wanted to take the leave to care for his baby daughter because his wife was suffering from post-natal depression. His employer, Capita, said he would only be granted two weeks on full pay even though women are entitled to 14 weeks.

Capita argued that Mr Ali wasn’t entitled to the same leave as a woman because as a man, he couldn’t give birth.

The Employment Tribunal rejected this argument and found in favour of Mr Ali. It held that Capita’s actions were contrary to the Equality Act and contravened parental rules introduced in 2015, which allowed parents to share up to 50 weeks of leave.

Employment judge Rita Rogerson said: “”It was accepted that he was denied that benefit and was deterred from taking the leave and was less favourably treated as a man.

“”Either parent can perform the role of caring for their baby in its first year depending on the circumstances and choices made by the parents.””

The level of Mr Ali’s compensation will be decided at a further hearing.

Please contact Jackie Cuneen if you would like more information about the issues raised in this article or any aspect of employment law.

Ali v Capita
Employment Tribunal June 2016
Judge Rita Rogerson