(1) Tesco Stores Limited Appellant) v Ms K Element & Others (Respondents) (2) Tesco Stores Limited Appellant) v Ms K Element & Others (Respondents)
Tuesday 03 – Thursday 05 March 2026
(1) By Appellant’s Notice filed on 28 February 2025, the Appellant appeals against the order made by the Employment Appeal Tribunal (EAT), giving directions at a preliminary hearing on equal pay appeals which are to be listed for full hearing.
The appeal concerns whether an appellant to the EAT, having identified errors of law and illustrated them by pointing to specific findings in the Employment Tribunal’s judgment, is thereby confined to challenging only those specific findings, or whether the appeal can extend more broadly to the alleged errors of law.
The context is large‑scale equal pay litigation involving over 47,000 Claimants against Tesco, issued in 2018 and divided into three tranches, none of which has yet been finally determined.
(2) By Appellant’s Notice filed on 15 August 2025. The Appellant seeks PTA against the order made by the Employment Appeal Tribunal (EAT).
Tesco appeals parts of the EAT judgment of 31 July 2025 which arose from equal value proceedings under the Equality Act 2010. The broader litigation concerns whether the work of female, store‑based claimants is of equal value to that of male distribution‑centre comparators.
The central issue is whether the Employment Tribunal (ET) applied the correct legal test for determining “work”. The Appellant argues that the ET wrongly assessed work by relying on what the employer required in theory, principally through extensive generic training materials, rather than examining what jobholders actually did in practice.
The appeal raises issues of legal approach, procedural fairness and the clarity and adequacy of the ET’s reasoning, with significant implications for more than 50,000 claimants and the retail sector more widely.
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