Judgement

Court of Appeal Dismisses Tesco’s Challenge to ET’s Training-Document Approach in Mass Equal Pay Litigation

The Court of Appeal has largely upheld the Employment Appeal Tribunal’s decision in Tesco Stores Ltd v Ms K Element & Ors [2026] EWCA Civ 580, dismissing Tesco’s two appeals on all but one ground and endorsing the ET’s reliance on detailed training documentation as the primary evidential basis for determining the “work” of claimants and comparators in mass equal pay proceedings. Keith Bryant KC and Stephen Butler acted for the Harcus claimants (instructed by Harcus Parker Employment) in this landmark appeal, heard over three days in March 2026 before Nugee LJ, Elisabeth Laing LJ and Sir Nicholas Underhill. The claimants are store-based employees of Tesco Stores Ltd, mostly women, who compare their work with that of predominantly male employees…

News 14 May, 2026