Claimant v Secretary of State for Work and Pensions
Outcome
Individual claims
The tribunal found it had no jurisdiction to consider these claims as they related to payments the claimant would have received had he remained in post, and there was no reasonable prospect of success.
The tribunal ruled it has no jurisdiction over claims for pregnancy and/or maternity brought by a male claimant under section 18 of the Equality Act.
Oral application to amend refused. The claim was not mentioned at the previous preliminary hearing or in further particulars. It was an entirely new claim that remained inherently vague with unclear conduct alleged and no reasonable prospect of success.
Amendment application refused as it was not mentioned at previous preliminary hearing. Claimant was in a temporary role with permanent recruitment in November 2023 when he commenced paternity leave. No assurances given about continued employment. The tribunal found no reasonable prospect of success and the claim details remained vague.
Facts
The claimant, a male employee in a temporary role with the Department for Work and Pensions, brought claims including unlawful deduction of wages, pregnancy/maternity discrimination, and attempted to amend to add disability and sex discrimination claims related to his taking paternity leave. A permanent recruitment process occurred in November 2023 around the time he commenced paternity leave. The claimant had previously attended a case management hearing with EJ Townley on 03 March 2025 where he did not raise the additional claims.
Decision
The tribunal struck out all claims. It found no jurisdiction over unlawful deduction claims (relating to hypothetical future payments) or pregnancy discrimination claims brought by a male claimant under s.18 Equality Act. Amendment applications for disability and sex discrimination were refused as they were raised too late, not mentioned at the previous preliminary hearing, remained vague, had no reasonable prospect of success, and would cause hardship to the respondent.
Practical note
Male claimants cannot bring pregnancy/maternity discrimination claims under s.18 Equality Act, and tribunals will refuse late amendment applications that introduce entirely new claims with vague particulars, especially where the claimant had previous opportunities to clarify their case.
Legal authorities cited
Statutes
Case details
- Case number
- 3200119/2024
- Decision date
- 8 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No