Tesco Stores Limited v K Element & Ors

Tesco Stores Limited v K Element & Ors

The application to amend to add further examples (paragraph 52) was refused due to extreme lateness, vagueness, risk of delay and prejudice to claimants, and failure to comply with procedural requirements. The application to clarify (paragraphs 53-55) was permitted as a point of clarification, subject to argument at the final hearing.

Parties
Appellant: Tesco Stores Limited; Respondent: Ms K Element & Others
Jurisdiction
England and Wales
Judgment Date
28 March 2025
Procedural Posture
Appeal / Interlocutory Application to Amend Grounds of Appeal
Outcome
Application to amend refused in part, allowed in part
Legal Topics
Equal Value Claims, Appeal Procedure, Amendment of Grounds, Remission, Judicial Discretion
Employment Law Equal Pay Equal Value Claims Appeal Procedure Amendment of Grounds Remission Judicial Discretion

Case Brief

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Parties

Tesco Stores Limited

Appellant

Ms K Element & Others

Respondent

Procedural Posture

Appeal / Interlocutory Application to Amend Grounds of Appeal

Legal Issues

  1. 1 Whether Tesco should be permitted to amend its Notice of Appeal to add further examples of alleged erroneous factual determinations
  2. 2 Whether clarification regarding application of findings to all comparators should be allowed

Ratio Decidendi

The application to amend to add further examples (paragraph 52) was refused due to extreme lateness, vagueness, risk of delay and prejudice to claimants, and failure to comply with procedural requirements. The application to clarify (paragraphs 53-55) was permitted as a point of clarification, subject to argument at the final hearing.

Court Disposition

Application to amend refused in part, allowed in part

Orders

  • Application to amend to add paragraph 52 refused
  • Application to amend to add paragraphs 53-55 allowed as clarification, subject to argument at final hearing