Childcare vouchers and maternity leave

05 February 2016

The Employment Appeal Tribunal (EAT) has heard an appeal on the previously untested issue of whether or not an employer can make it a requirement of joining its childcare vouchers scheme that employees agree to suspend their membership while on maternity leave.

In June 2015 the Employment Tribunal found in the case of Donaldson v Peninsula Business Services that it was discriminatory for the employer to make it a requirement to join its childcare vouchers scheme that employees agree to cease to be a member of the scheme while on maternity leave.

On 22 January 2016, the Employment Appeal Tribunal (EAT) heard the appeal against the employment tribunal, the outcome of which we are waiting to hear.