Under section 13 of the Equality Act , direct discrimination arises where an employer treats an employee less favourably than others because of a protected characteristic. The employee is required to show that they have been treated less favourably than a real or hypothetical comparator. However, there is an exception to this requirement under section 18 of the Equality Act, which states that a woman bringing a claim for pregnancy and maternity discrimination does not need to show a comparator. The test under section 18 is whether the woman has been treated unfavourably, rather than less favourably.
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Please contact customerservices lexology. Capita had a number of policies in place relating to pay during periods of maternity and parental leave. Female employees taking maternity leave were entitled to 14 weeks of basic pay followed by 25 weeks of statutory maternity pay "SMP". Male employees taking ordinary paternity leave were entitled to two weeks' basic pay for that period, with no further entitlement to additional pay for any period of shared parental leave "SPL" above the statutory rate for shared parental pay "SPP". This policy also applied to female employees taking equivalent leave in their capacity as partner of the mother and shared caretaker of the new baby.
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