Tesco Stores Limited v K Element & Ors

Tesco Stores Limited v K Element & Ors

The Employment Tribunal erred in law by focusing on relevance rather than the statutory test of whether expert evidence was reasonably required to resolve the proceedings, and misunderstood the Consequences Issue as relating to future outcomes rather than the period covered by the claims. The application to adduce...

Source-derived case information.

Parties
Appellant: Tesco Stores Limited; Respondent: Ms K Element & Others (Leigh Day claimants); Respondent: Ms K Element & Others (Harcus claimants)
Jurisdiction
England and Wales
Judgment Date
27 February 2025
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Admit Expert Evidence
Outcome
Appeal allowed; decision refusing permission to adduce expert evidence set aside; application remitted to same Employment Tribunal for reconsideration under correct test.
Legal Topics
Equal Pay, Material Factor Defence, Expert Evidence, Case Management
Employment Equality Equal Pay Material Factor Defence Expert Evidence Case Management

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Parties

Tesco Stores Limited

Appellant

Ms K Element & Others (Leigh Day claimants)

Respondent

Ms K Element & Others (Harcus claimants)

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Admit Expert Evidence

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by refusing Tesco permission to adduce expert evidence on its material factor defence in equal value litigation

Ratio Decidendi

The Employment Tribunal erred in law by focusing on relevance rather than the statutory test of whether expert evidence was reasonably required to resolve the proceedings, and misunderstood the Consequences Issue as relating to future outcomes rather than the period covered by the claims. The application to adduce expert evidence must be reconsidered under the correct legal test.

Court Disposition

Appeal allowed; decision refusing permission to adduce expert evidence set aside; application remitted to same Employment Tribunal for reconsideration under correct test.

Orders

  • Application to adduce expert evidence to be reconsidered by Employment Tribunal under correct legal principles.
  • Remission to same Employment Tribunal judge.