Hextall v Chief Constable of Leicestershire Police [2018]

Posted In: Case Law
  • Case Reference
    UKEAT 0139_17_0105
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Working Time, Pay
Issues covered: Shared Parental Leave; Rate of Pay; Indirect Sex Discrimination; Objective Justification

The claimant, a serving police constable, took Shared Parental Leave (SPL) for just over 3 months in 2015 after his wife gave birth to their second son. Had he been a female police constable on maternity leave, he would have been entitled to be paid his full salary for the period over which he took SPL.

The claimant's case, in a nutshell, was that he was unlawfully discriminated against as a male because the rate of enhanced maternity pay was higher than the rate of SPL pay. The EAT analysed how the criteria for indirect sex discrimination was tested in order to reveal a comparative disadvantage. In this case that disadvantage was SPL being paid at a lesser rate than maternity leave, and not

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This article is correct at 23/05/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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