header-logo header-logo

12 June 2026
Issue: 8165 / Categories: Legal News , Employment , Equality , Discrimination
printer mail-detail

NLJ this week: Equal pay battles refuse to stay buried

252172
© Getty images
Some employment law controversies never disappear—they merely lie dormant

Writing in NLJ this week, Ian Smith of Norwich Law School examines the latest chapter in the long-running Tesco equal pay litigation. The Court of Appeal’s decision in Tesco Supermarkets v Element revisits fundamental questions about how equal value claims should be assessed and managed. The court endorsed a broad, standardised approach to evaluating work across large groups of employees, avoiding the 'legal trench warfare' that can bog down mass claims. Smith suggests the case revives an old debate about whether equal pay disputes are really matters of individual rights or wider economic policy.

He also highlights appellate decisions on fixed-term employees and discrimination law, including guidance on less favourable treatment and the burden of proof. For practitioners, the judgments provide useful clarification while reminding readers that old arguments have a habit of returning.

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