K Element & Ors v Tesco Stores Limited

K Element & Ors v Tesco Stores Limited

The tribunal's decisions to permit expert evidence were wrong because the issues had not been properly identified, the expert evidence was not anchored to pleaded issues, and the questions permitted lacked clarity and precision. Without proper identification of issues, the tribunal cannot assess whether expert evidence is reasonably required. Both decisions fell outside the wide case management discretion and must be set aside.

Parties
Appellants: Ms K Element & Others; Respondent: Tesco Stores Limited
Jurisdiction
England and Wales
Judgment Date
10 October 2025
Procedural Posture
Employment Appeal / Judgment on Appeal Against Expert Evidence Orders
Outcome
Appeal allowed; Second and Third Expert Evidence Decisions set aside.
Legal Topics
Equal Pay, Material Factor Defence, Expert Evidence, Case Management
Employment Law Equality Law Equal Pay Material Factor Defence Expert Evidence Case Management

Case Brief

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Parties

Ms K Element & Others

Appellants

Tesco Stores Limited

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal Against Expert Evidence Orders

Legal Issues

  1. 1 Whether the tribunal erred in granting permission to adduce expert evidence without properly identifying the issues in the case
  2. 2 Whether expert evidence was reasonably required to resolve the proceedings
  3. 3 Whether the expert evidence was anchored to pleaded issues

Ratio Decidendi

The tribunal's decisions to permit expert evidence were wrong because the issues had not been properly identified, the expert evidence was not anchored to pleaded issues, and the questions permitted lacked clarity and precision. Without proper identification of issues, the tribunal cannot assess whether expert evidence is reasonably required. Both decisions fell outside the wide case management discretion and must be set aside.

Court Disposition

Appeal allowed; Second and Third Expert Evidence Decisions set aside.

Orders

  • Parties to provide written submissions on disposal by 2pm on 10th October.
  • Disposal to be dealt with on papers unless hearing requested with reasons and time estimate.