J Abbey & Ors v Tesco Stores Limited & Anor

J Abbey & Ors v Tesco Stores Limited & Anor

The Employment Tribunal permissibly exercised its discretion in declining to lift the stay for KP claimants, limiting disclosure to documents put before the Tribunal, and refusing observer status at the relevant hearing. The decisions were consistent with the overriding objective, proportionate, and not perverse.

Parties
Appellants: Ms J Abbey and others; Respondent: Tesco Stores Limited; Respondents: Ms K Element and others (LD/HP claimants); Respondents: Leigh Day Respondents
Jurisdiction
England and Wales
Judgment Date
16 May 2024
Procedural Posture
Appeal / Judgment on Appeal Against Case Management Orders
Outcome
Appeals dismissed
Legal Topics
Equal Pay, Case Management, Disclosure, Stay of Proceedings, Group Litigation
Employment Law Civil Procedure Equal Pay Case Management Disclosure Stay of Proceedings Group Litigation

Case Brief

Summary, issues, holding and outcome

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Parties

Ms J Abbey and others

Appellants

Tesco Stores Limited

Respondent

Ms K Element and others (LD/HP claimants)

Respondents

Leigh Day Respondents

Respondents

Procedural Posture

Appeal / Judgment on Appeal Against Case Management Orders

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to lift the stay to require Tesco to file responses to KP claimants' claims
  2. 2 Whether the Employment Tribunal erred in limiting disclosure to KP claimants to documents put before the Tribunal
  3. 3 Whether the Employment Tribunal erred in refusing KP claimants observer status at private preliminary hearings

Ratio Decidendi

The Employment Tribunal permissibly exercised its discretion in declining to lift the stay for KP claimants, limiting disclosure to documents put before the Tribunal, and refusing observer status at the relevant hearing. The decisions were consistent with the overriding objective, proportionate, and not perverse.

Court Disposition

Appeals dismissed

Orders

  • Stay on KP claimants' claims maintained
  • Tesco not required to file responses to KP claimants until stay is lifted