No discrimination by paying only the statutory rate of additional paternity pay to a male employee on additional paternity leave (APL) when a female employee on maternity leave would have been entitled to full basic pay.

In Shuter v Ford Motor Co Ltd ET Case No.3203504/13, an employment tribunal has held that an employer did not discriminate by paying only the statutory rate of additional paternity pay to a male employee on additional paternity leave (APL) when a female employee on maternity leave would have been entitled to full basic pay. There was no direct discrimination because the appropriate comparator was a woman who had also taken APL, who would have been treated in the same way. Although the policy was indirectly discriminatory, it was objectively justified by the need to recruit and retain women in a male-dominated workforce.