Ms K Element and Others

Judgment approved by the court Tesco Stores Ltd v Ms K Element & Ors © EAT 2024 Page 1 [2024] EAT 83 Neutral Citation Number: [2024] EAT 83 Case No: EA-2024-000410-AT EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 23 May 2024 Before : THE HONOURABLE MR JUSTICE KERR - - - - - - - - - - - - - - - - - - - - - Between : TESCO STORES LTD Appellant - and - MS K ELEMENT & OTHERS Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Paul Epstein KC and Mathew Purchase KC (instructed by Freshfields Bruckhaus Deringer) for the Appellant Keith Bryant KC and Stephen Butler (instructed by Harcus Parker) for the Respondents (Harcus Parker Claimants) Sean Jones KC and Rachel Barrett for the Respondents (Leigh Day Claimants) FULL HEARING & PRELIMINARY HEARING Hearing date: 21 May 2024 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court Tesco Stores Ltd v Ms K Element & Ors © EAT 2024 Page 2 [2024] EAT 83 THE HONOURABLE MR JUSTICE KERR: Introduction and Summary 1. This is a combined full hearing appeal on the first two grounds of the appeal and a preliminary hearing in respect of the third and fourth grounds. The appeal is against case management orders made in complex multi-claimant equal value litigation by a three person tribunal (Employment Judge Hyams, Mr R. Clifton and Ms S. Harris) in Watford, following an oral hearing on 13 March 2024. The decision was dated and sent to the parties on 21 March 2024. 2. In the first two grounds of appeal, the appellant (Tesco) challenges two disclosure orders annexed to the tribunal’s “Case Management Summary” (the March 2024 summary): order 5 requiring standard disclosure in relation to material factor defence (MFD) issues, by 31 May 2024, eight days from now; and order 13.1, requiring issues-based disclosure i…