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12 June 2026 / Ian Smith
Issue: 8165 / Categories: Features , Employment , Equality , Discrimination , Tribunals
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Employment law brief: 12 June 2026

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Some employment law controversies are never truly put to bed: they are only sleeping. Ian Smith rings the alarm on the latest cases

  • The Court of Appeal’s latest equal pay ruling in Tesco Supermarkets v Element reignites debate over how large-scale equal pay claims should be enforced and managed.
  • New appellate decisions also clarify the scope of protection for fixed-term employees and the approach to burden of proof in discrimination cases.

One aspect of your humble author having been involved in employment law since the late 18th century is an ability to remember past controversies that have gone to sleep. However, like King Arthur under the Isle of Avalon, these are only sleeping and can suddenly come back into focus.

One recent example is arguably the Litigation of the Year (or Decade?) in Tesco Supermarkets v Element, the latest instalments of which have now reached the Court of Appeal ([2026] EWCA Civ 580). The old controversy here goes to the very heart of

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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