ASDA Stores Ltd v Brierley & Ors

ASDA Stores Ltd v Brierley & Ors

The Employment Tribunal does not have the power to impose an indefinite stay for the purpose of compelling claimants to pursue equal pay claims in the High Court, as such a power would override a statutory right conferred by primary legislation, and Parliament has not legislated for such a transfer. Even if such power existed, it would not be appropriate to exercise it in this case, as the ET is the specialist and appropriate forum for these claims.

Parties
Appellant: ASDA STORES LTD; Respondent: Brierley & Ors
Jurisdiction
England and Wales
Judgment Date
22 June 2016
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Equal Pay, Jurisdiction, Case Management, Forum Non Conveniens
Employment Law Equality Law Equal Pay Jurisdiction Case Management Forum Non Conveniens

Case Brief

Summary, issues, holding and outcome

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Parties

ASDA STORES LTD

Appellant

Brierley & Ors

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Does the Employment Tribunal have the power to impose an indefinite stay to compel claimants to pursue equal pay claims in the High Court?
  2. 2 If such power exists, would it be appropriate to exercise it in this case?

Ratio Decidendi

The Employment Tribunal does not have the power to impose an indefinite stay for the purpose of compelling claimants to pursue equal pay claims in the High Court, as such a power would override a statutory right conferred by primary legislation, and Parliament has not legislated for such a transfer. Even if such power existed, it would not be appropriate to exercise it in this case, as the ET is the specialist and appropriate forum for these claims.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the claims remain in the Employment Tribunal.