Must ASSP match any enhanced contractual maternity pay?

There has been argument that where an employer pays enhanced maternity pay to women, discrimination laws (including the right to equal pay) mean that the employer must pay the same enhanced rate to men taking APL. The government’s view is that this is not necessary, but European case law (Roca Alvarez v Sesa Start Espana ETT (C-104/09) suggests there might be such a requirement. This issue is as yet untested in the UK courts.