NLJ this week: ‘Equal pay and fairness under the spotlight in employment tribunals’

Smith, barrister and emeritus professor at Norwich Law School, UEA, and general editor of Harvey on Industrial Relations and Employment Law, reviews Tesco Stores Ltd v Element and others.

The Employment Appeal Tribunal (EAT) upheld most findings, affirming that detailed job training materials were valid evidence of actual work performed. Smith also covers recent EAT decisions on victimisation, early conciliation, and scandalous conduct, highlighting the tribunal’s wide discretionary powers and justice-focused approach.

The piece underscores the evolving nature of employment law, with tribunals balancing procedural rules, factual challenges, and the interests of justice in high-profile cases.