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Andrew Short KC and Saul Margo successful in Sainsbury's Supermarkets Ltd v Clark

Andrew Short KC and Saul Margo successful in Sainsbury’s Supermarkets Ltd v Clark

The Court of Appeal has handed down judgment in Sainsbury’s Supermarkets Ltd v Clark and Others in which the successful claimants were represented by Andrew Short KC and Saul Margo.

In this long-running equal pay claim against Sainsbury’s Supermarket, a number of the claimants brought their claims on a claim form that only contained one EC number relating to one of the claimants on the form. The claims were rejected on that basis, but the claimants successfully appealed to the EAT where it was held that it is sufficient if one EC number is given on the claim form for any claimant who brings a claim on the same form.

Sainsbury’s appealed against the order of the EAT.

Court of Appeal

In dismissing the appeal, the Court has confirmed that a multiple claim form is valid as long as it contains one correct EC number relating to one of the claimants on the form. More significantly, the Court has overruled a line of EAT authorities, including Sterling and Caspall by holding that: (a) if a claim is not initially rejected under Rules 10 and 12 of the ET Rules then it cannot be rejected under those rules at a later stage – the respondent can raise any non-compliance but that falls to be dealt with under Rules 27 or 37; and,(b) where such an application is made the power to waive any non-compliance under Rule 6 is applicable.

As a result, it remains necessary for claimants to comply with their EC obligations, but an Employment Judge will now be able to take a substantive merits-based approach when considering whether an otherwise valid claim that has been accepted by the ET should be dismissed for a failure to comply with Rules 10 or 12.

Andrew and Saul were instructed by Leigh Day.

The Judgment

Read the full judgment here.

Find Out More

Andrew Short KC’s practice centres on pensions, employment, and general commercial work. His employment practice covers everything from complex or sensitive dismissal and discrimination cases through TUPE to high value contract, restrictive covenant, fiduciary duty and equal pay claims. He has acted in many of the leading cases relating to discrimination in pay and pensions, including Abdulla v Birmingham City CouncilBrierley v AsdaMcCloud v Lord Chancellor, and Sargeant v LFEPA.

He is able to bring years of experience as a trial lawyer in hostile and contentious claims to bear whenever necessary. He has been recommended for Pensions and for Employment in both Legal 500 and Chambers & Partners for many years.

Saul Margo specialises in pensions and employment, as well as professional negligence claims relating to pension schemes.

His employment work covers the full range of employment disputes including the private sector equal pay litigation and pensions and employment cross-over work. He has extensive experience of appellate advocacy in the EAT and has appeared numerous times in the Court of Appeal. Additionally, Saul is in demand for his specialist knowledge of cross-over pensions and employment work having been instructed in the litigation relating to the judges pensions scheme, the police pension scheme, sexual orientation discrimination claims relating to the Teachers’ pension scheme and in the leading case relating to discrimination arising from the provision ill-health retirement benefits. Saul also sits as a fee-paid Employment Judge.

To find out more, contact Nick Levett +44 (0)20 7427 4908 or Mark Gardner on +44 (0)20 7427 4909 for a confidential discussion.

News 6 Apr, 2023


Andrew Short KC

Call: 1990 Silk: 2010

Saul Margo

Call: 2005

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