SUPREME COURT REFUSES TESCO PERMISSION TO APPEAL

We are pleased to report that the Supreme Court has refused Tesco permission to appeal in the Claimants’ equal pay claims. This is good news for Claimants and keeps the claims moving towards a final decision.

What was the appeal about?

Before the Employment Tribunal can decide whether store and distribution centre jobs are of equal value, it needs to establish what each job involves. The Tribunal decided it could do this by looking at the material Tesco itself uses to describe and train staff for these roles, rather than relying only on evidence of what individual employees do each day.

Tesco challenged that decision in the Employment Appeal Tribunal and then in the Court of Appeal. Each court agreed with Tesco on some points, but neither accepted its main argument that the Tribunal’s approach was wrong. Tesco then asked the Supreme Court for permission to appeal, and that request has now been refused.

What does this mean for Claimants?

The Tribunal’s approach stands, and Tesco cannot challenge it further on this point. The claims will continue on that basis.  

Tesco’s position

Tesco has said that it continues to defend the claims and that differences in pay between store and distribution centre roles have nothing to do with gender. We disagree, and we will continue to argue the Claimants’ case at the trial.

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