Suspension of childcare vouchers during maternity leave not discriminatory

In an unexpected decision, the Employment Appeals Tribunal (EAT), has found that it is not discriminatory for an employer to state that membership of a salary sacrifice childcare voucher scheme would be suspended during a period of maternity leave. Overturning the decision of the Employment Tribunal, the EAT in the case of Peninsula Business Services Ltd v Donaldson held that the guidance given by HMRC since 2008 could not be correct.

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Joanne Frew


I am a Director in the Employment team, specialising in both contentious and non-contentious employment issues and employment law training.