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Some employment law controversies are never truly put to bed: they are only sleeping. Ian Smith rings the alarm on the latest cases
- The Court of Appeal’s latest equal pay ruling in Tesco Supermarkets v Element reignites debate over how large-scale equal pay claims should be enforced and managed.
- New appellate decisions also clarify the scope of protection for fixed-term employees and the approach to burden of proof in discrimination cases.
One aspect of your humble author having been involved in employment law since the late 18th century is an ability to remember past controversies that have gone to sleep. However, like King Arthur under the Isle of Avalon, these are only sleeping and can suddenly come back into focus.
One recent example is arguably the Litigation of the Year (or Decade?) in Tesco Supermarkets v Element, the latest instalments of which have now reached the Court of Appeal ([2026] EWCA Civ 580). The old controversy here goes to the very heart of equal pay law and queries what is the best way
