Tesco Stores Limited v K Element & Ors

Tesco Stores Limited v K Element & Ors

The grounds of appeal are sufficiently arguable to proceed to a full hearing, as there are credible contentions of legal misdirection, procedural irregularity, and erroneous exclusion of evidence and findings by the Employment Tribunal at the stage 2 equal value hearing.

Parties
Appellant: Tesco Stores Limited; Respondents: Ms K Element & Others (Leigh Day claimants); Respondents: Ms K Element & Others (Harcus claimants)
Jurisdiction
England and Wales
Judgment Date
28 March 2025
Procedural Posture
Appeal / Preliminary Hearing
Outcome
Grounds of appeal permitted to proceed to full hearing; preliminary hearing only determines arguability.
Legal Topics
Equal Pay, Case Management, Procedural Impropriety, Fact Finding, Legal Misdirection
Employment Law Equal Pay Case Management Procedural Impropriety Fact Finding Legal Misdirection

Case Brief

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Parties

Tesco Stores Limited

Appellant

Ms K Element & Others (Leigh Day claimants)

Respondents

Ms K Element & Others (Harcus claimants)

Respondents

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal misdirected itself in law at the stage 2 equal value hearing
  2. 2 Whether the Tribunal erred in focusing primarily on training documents
  3. 3 Whether fact finding should be about individual job holders or generic jobs

Ratio Decidendi

The grounds of appeal are sufficiently arguable to proceed to a full hearing, as there are credible contentions of legal misdirection, procedural irregularity, and erroneous exclusion of evidence and findings by the Employment Tribunal at the stage 2 equal value hearing.

Court Disposition

Grounds of appeal permitted to proceed to full hearing; preliminary hearing only determines arguability.

Orders

  • Judgment to be handed down at hearing with parties represented.
  • Listing of full appeal to be fixed at first available date.