Father wins full paternity pay in dispute over discrimination

A FATHER has successfully sued his employer for failing to give him full paternity leave rights in a case thought to be the first of its kind.

Madasar Ali, a call centre worker, was told by Capita that he would receive only two weeks of full pay, while women were entitled to 14 weeks. The case is the first to be won by a man in England under shared parental leave laws introduced two years ago.

Mr Ali wanted the leave to care for his new daughter while his wife was ill with postnatal depression, but was told his pay would fall to the statutory minimum after two weeks.

Paul Wilson, lawyer for Capita, argued at a Leeds employment tribunal that as a man Mr Ali was not eligible for maternity leave because he could not give birth. But the tribunal found that the decision was contrary to the Equality Act and also went against parental leave rules introduced in April 2015, which allow parents to share up to 50 weeks of leave and 37 weeks of pay.

Rita Rogerson, an employment judge, 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.”

Mr Ali, who still works for the firm and lives in Leeds, said: “I am over the moon with the outcome. The judgment proved that I did definitely have the right to take it as far as I did.”

A spokesman for Capita Customer Management said it would appeal. A hearing to decide compensation for Mr Ali is due to take place soon.