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England and Wales Case Law

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Employment law

Tesco Stores Limited v K Element & Ors

The EAT corrected errors in Stage 2 equal value reconsideration handling, substituting permission-to-proceed decisions and remitting issues for the mandatory process.

  • Equal value claims
  • Reconsideration applications
  • Practice and procedure
  • Equal-pay
  • Equal-value
  • Employment-appeals
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Employment law

Tesco Stores Limited v K Element & Ors

The EAT partly refused Tesco’s late amendment to its appeal grounds in long-running equal pay litigation, but allowed a clarification about comparator findings.

  • Equal value claims
  • Appeal procedure
  • Amendment of grounds
  • Remission
  • Judicial discretion
  • Equal-pay
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Employment

Tesco Stores Ltd v K Element & Ors

The EAT upheld complex disclosure and case-management orders in Tesco equal pay litigation, dismissed the first two grounds of appeal, and refused the rest to proceed.

  • Case management
  • Disclosure
  • Material factor defence
  • Sex discrimination
  • Burden of proof
  • Employment-law
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Employment law [2011] EWCA Civ 1412

Birmingham City Council v Abdulla & Ors

Birmingham City Council v Abdulla & Ors [2011] EWCA Civ 1412 (29 November 2011)

The Court of Appeal held that in-time equal pay claims should not be struck out merely because the Employment Tribunal time limit has expired.

  • Equal pay act 1970
  • Jurisdiction of employment tribunal vs ordinary courts
  • Limitation periods
  • Judicial discretion to strike out claims
  • Principle of equivalence (eu law)
  • Equal-pay
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Employment law

Birmingham City Council v Abdulla & Ors

The Court of Appeal held that in-time equal pay claims should not be struck out where the Employment Tribunal would be out of time and unable to determine them on the merits.

  • Jurisdiction
  • Limitation periods
  • Discretion to strike out
  • Eu law equivalence
  • Forum allocation
  • Equal-pay
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Employment law [2009] EWCA Civ 670

Hovell v Ashford & St Peter's Hospital NHS Trust

Hovell v Ashford & St Peter's Hospital NHS Trust [2009] EWCA Civ 670 (09 July 2009)

The Court of Appeal held that a tribunal was not bound to revoke an expert’s appointment in an equal value claim just because job evaluation scores were close.

  • Equal value claims
  • Job evaluation schemes
  • Appointment of independent expert
  • Burden of proof in equal pay cases
  • Equal-pay
  • Equal-value-claims
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Employment law

Hovell v Ashford & St Peter's Hospital NHS Trust

Court of Appeal held that a tribunal could refuse to revoke an independent expert in an equal value claim, and that small JES score differences do not automatically prove equal value.

  • Equal value claims
  • Job evaluation schemes
  • Appointment of independent expert
  • Burden of proof
  • Case management discretion
  • Equal-pay
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.