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.
