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England and Wales decisions
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Tesco Stores Ltd v Element & Ors [2026] EWCA Civ 580 (12 May 2026)
Court of Appeal decision in an equal pay dispute about the meaning of “work” under the Equality Act 2010 and the proper scope of EAT appeals.
Court of Appeal in an equal pay appeal held that training materials could be primary evidence of job content in this highly regulated, generic workplace, but agreed facts could not be disregarded.
The EAT allowed the claimant’s appeal against a 35% Chagger deduction, dismissed the employer’s cross-appeal on limitation, and adjourned disposal pending a remedies appeal.
The Tribunal was entitled to accept the claimant's unchallenged evidence regarding the car keys incident and to consider the totality of conduct; nothing in Tui UK Limited v. Griffiths precluded this approach.
Source excerpt
The EAT dismissed an appeal in a sex discrimination and unfair dismissal case, holding that the tribunal properly assessed PCP justification and could weigh the claimant’s own hardship and responses.
The EAT dismissed Dr Jones’s appeal, holding the tribunal correctly applied the burden of proof and made positive findings that dismissal was based on conduct concerns, not race, sex, or protected acts.
The EAT dismissed an appeal against a £20,000 costs order, holding that the tribunal had correctly applied rule 76, given adequate reasons, and could proceed in the claimant’s absence.
Sex Matters v Mayor and Commonalty and Citizens of the City of London [2026] EWHC 149 (Admin) (29 January 2026)
Permission for judicial review was refused because the challenge to Hampstead Heath pond admission arrangements was premature, with no fresh decision yet made.
Permission for judicial review was refused as premature, because the City of London Corporation was still consulting on pond admissions and had not made a fresh decision.
The EAT dismissed an appeal against strike out, holding that Claim 6 was objectively pleaded only against Ms Totterdell, not the Trust.
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