Tesco Stores Ltd v K Element & Ors

Tesco Stores Ltd v K Element & Ors

The tribunal's disclosure orders and sequencing of hearings were within its discretion, justified by the need for urgency and progress in complex equal pay litigation; there was no legal error or perversity in refusing to require claimants to plead discrimination particulars in advance.

Parties
Appellant: Tesco Stores Ltd; Respondent: Ms K Element & Others; Respondent: Leigh Day Claimants
Jurisdiction
England and Wales
Judgment Date
31 May 2024
Procedural Posture
Appeal / Judgment on Combined Full Hearing and Preliminary Hearing
Outcome
Appeal dismissed on grounds 1 and 2; grounds 3 and 4 do not proceed to full hearing; application for stay dismissed as academic.
Legal Topics
Case Management, Disclosure, Material Factor Defence, Sex Discrimination, Burden of Proof
Employment Equal Pay Case Management Disclosure Material Factor Defence Sex Discrimination Burden of Proof

Case Brief

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Parties

Tesco Stores Ltd

Appellant

Ms K Element & Others

Respondent

Leigh Day Claimants

Respondent

Procedural Posture

Appeal / Judgment on Combined Full Hearing and Preliminary Hearing

Legal Issues

  1. 1 Whether the tribunal erred in making standard and issues-based disclosure orders
  2. 2 Whether the tribunal erred in directing a hearing of material factor defence (MFD) issues before the final equal value hearing
  3. 3 Whether the tribunal erred in refusing to require claimants to plead their case on discrimination

Ratio Decidendi

The tribunal's disclosure orders and sequencing of hearings were within its discretion, justified by the need for urgency and progress in complex equal pay litigation; there was no legal error or perversity in refusing to require claimants to plead discrimination particulars in advance.

Court Disposition

Appeal dismissed on grounds 1 and 2; grounds 3 and 4 do not proceed to full hearing; application for stay dismissed as academic.

Orders

  • Appeal on grounds 1 and 2 dismissed.
  • Grounds 3 and 4 will not proceed to full hearing.