15 July 2016
Asda Stores Ltd v Brierley and others [2016] EWCA Civ 566, [2016] All ER (D) 03 (Jul)
The Court of Appeal dismissed the employer supermarket’s appeal where the employer had requested the employment tribunal to impose an indefinite stay on an equal pay claim to compel the employees to bring their claims in the High Court. The court held that there was no statute or rule of law which permitted the tribunal to relinquish jurisdiction in favour of the High Court and given the structure of the primary legislation, the tribunal could not use its case management power for the purpose of relinquishing jurisdiction merely because it considered that court to be a more appropriate forum.
