is this sex discrimination?

[Clazzer1]

If a company offer statutory maternity pay to a female with no enhancement yet offers enhancement to the statutory paternity pay received by males could this be considered discrimination?

[RibenaBerry]

I don't think that there's a definitive answer to that. It's possible it would be, but equally the rights are so different that a tribunal could easily say that they weren't comparable. Women get sooo much more as a matter of law overall.

Also bear in mind that, if there is discrimination, it is very minor. Paternity leave is only two weeks at the same basic rate as SMP (£120 ish). During the first six weeks of maternity leave, women are on 90% of pay, so any discrimination is only for 10% of pay for 2 weeks.

I very very much doubt that a tribunal would ever say that if, for example, you paid paternity leave at 100% you also had to pay the first 9 months of maternity leave (i.e. the paid bit) at 100%.