Tesco Stores v Ms K Element and Others
| Jurisdiction | UK Non-devolved |
| Judge | Mr Justice Choudhury |
| Neutral Citation | UKEAT/0228/20/AT |
| Subject Matter | Not landmark |
| Court | Employment Appeal Tribunal |
| Published date | 23 February 2021 |
Copyright 2021
Appeal No. UKEAT/0228/20/AT(V)
EMPLOYMENT APPEAL TRIBUNAL
ROLLS BUILDING, 7 ROLLS BUILDINGS, FETTER LANE, LONDON EC4A 1NL
At the Tribunal
On 11 & 13 January 2021
Before
THE HONOURABLE MR JUSTICE CHOUDHURY (PRESIDENT)
(SITTING ALONE)
TESCO STORES LIMITED APPELLANT
MS K ELEMENT & OTHERS RESPONDENTS
Transcript of Proceedings
JUDGMENT
UKEAT/0228/20/AT
APPEARANCES
The Appellant
For the Respondents represented by
Harcus Sinclair
For the Respondents represented by
Leigh Day
MR PAUL EPSTEIN
(One of Her Majesty’s Counsel)
And
Ms Louise Chudleigh
(of Counsel)
Instructed by:
Herbert Smith Freehills LLP
Exchange House
Primrose Street
London
EC2A 2EG
MR KEITH BRYANT
(One of Her Majesty’s Counsel)
And
MS NAOMI CUNNINGHAM
(of Counsel)
And
MR STEPHEN BUTLER
(of Counsel)
Instructed by:
Harcus Sinclair (UK) Limited
Melbourne House
44-46 Aldwych
London
WC2B 4LL
MR SEAN JONES
(One of Her Majesty’s Counsel)
And
MR ANDREW BLAKE
(of Counsel)
And
MS JEN COYNE
(of Counsel)
Instructed by:
Leigh Day Solicitors
Priory House
25 St John’s Lane
London
EC1M 4LB
UKEAT/0228/20/AT
SUMMARY
PRACTICE AND PROCEDURE
Tesco Stores Ltd is the Respondent to Equal Value Claims brought by approximately 9,000
Claimants. The i ssue in this Appeal is whether the Watford Employment Tribunal erred in law
in making Orders against Tesco for the disclosure of documents and the provision of information
relating to comparators. Tesco contends that the Claimants’ pleaded c ases disc lose no prima
facie case that would warrant such Orders being made and amounted to an impermissible “fishing
expedition”.
Held, dismissing the appeal, that the Tribunal Judge was entitled to make the orders that she did
and the Claimants’ requests did not amount to an impermissible fishing expedition.
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