Case 1302563/2018 · Employment Tribunal
Mr R Wooder v Jaguar Land Rover Limited — 2020
- Case reference
- 1302563/2018
- Decision date
- 9 October 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Holmes
- Venue
- Manchester
Parties
2 namedClaimant
Mr R Wooder
Respondent
Key findings
Tribunal's reasoningThe claimant, an employee of the respondent, complained that after the birth of his son he wished to take shared parental leave but would only have been paid at the statutory rate. He compared this with the respondent's enhanced maternity pay arrangements and advanced claims of direct and indirect sex discrimination.
The tribunal considered the Court of Appeal decision in Ali/Hextall. It held that the indirect discrimination claims could not succeed because of the effect of section 70 of the Equality Act 2010 as discussed in Ali/Hextall, and those claims were struck out as having no reasonable prospects of success.
On direct discrimination, the tribunal considered that the claimant's case might depend on whether his position could be distinguished from Ali/Hextall, including by reference to enhanced adoption leave and the pending EAT appeal in Price v Powys County Council. It therefore postponed the strike-out determination for the direct discrimination claims and stayed the remaining claims pending the outcome of that appeal or further order.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sex discrimination | The claimant's claims of indirect sex discrimination were struck out as having no reasonable prospects of success. | Struck out | Sex | — |
| Sex discrimination | The tribunal postponed determination of whether the direct sex discrimination claims had no reasonable prospects of success and stayed the remaining claims pending the EAT appeal in Price v Powys County Council or further order. | Other | Sex | — |
Legal tests applied
6 references- rule 37(1) of the 2013 rules of procedure
- Ali v Capita Consumer Management Ltd and Hextall v Chief Constable of Lincolnshire Police [2019] IRLR 695
- EqA 2010 s 13(6)(b)
- EqA 2010 s 23(1)
- EqA 2010 s 70
- EqA 2010 Sch 7 para 2
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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