header-logo header-logo

12 June 2026 / Ian Smith
Issue: 8165 / Categories: Features , Employment , Equality , Discrimination , Tribunals
printer mail-detail

Employment law brief: 12 June 2026

252172
© Getty images

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll