Enhancing maternity pay but not shared parental pay might be indirectly discriminatory (Hextall v Chief Constable of Leicestershire Police)

Table of contents

• What are the practical implications of this judgment?
• What is the relevant background?
• Background law
• Background facts
• Decision of the employment tribunal
• What did the EAT decide?
• Case details

Article summary

Employment analysis: An employer’s policy to offer shared parental pay at the statutory rate — in circumstances where maternity pay is enhanced — might be indirectly discriminatory on grounds of sex on the basis that fathers, as opposed to mothers, have no choice other than shared parental pay and may be deterred from taking leave to care for a child. The EAT found that the employment tribunal, which had previously dismissed the claim of indirect sex discrimination, had erred in its approach to the issues to be determined and the claim was therefore remitted for rehearing before a differently constituted tribunal.