Shared Parental Leave not the same as Adoption Leave

The recent case of Price v Powys County Council has found that a man on Shared Parental Leave is not entitled to the same benefits as a woman on Adoption Leave. 

The Claimant took Shared Parental Leave (SPL) and received pay equal to Statutory Maternity Pay but his employer’s policy was that employees on Adoption Leave received full pay.  He compared himself to a female colleague on Adoption Leave and raised a claim of Sex Discrimination, stating that he was entitled to full pay as SPL was no different to Adoption Leave.

His claim was dismissed because he was not regarded as a “comparator” to a woman on adoption leave.  It was found that Adoption leave is materially different to SPL, not least because the purposes of Adoption Leave go beyond providing childcare.