Ms K Element & Others (All Claimants represented by Leigh Day and Harcus Parker)

Judgment approved by the court Ms Element & Ors v Tesco Stores Ltd © EAT 2025 Page 1 [2025] EAT 159 Neutral Citation Number: [2025] EAT 159 Case No: EA-2023-000927-AT EA-2023-000928-AT EA-2024-001071-AT EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 15 October 2025 Before: THE HONOURABLE MRS JUSTICE STACEY - - - - - - - - - - - - - - - - - - - - - Between: TESCO STORES LIMITED Appellants -and- MS K ELEMENT & OTHERS (All Claimants represented by Leigh Day and Harcus Parker) Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - David Reade KC, Mathew Purchase KC and Louise Chudleigh (instructed by Freshfields) for the Appellant Keith Bryant KC and Stephen Butler (instructed by Harcus Parker) for the Respondents Sean Jones KC, Rachel Barrett and Andrew Blake (instructed by Leigh Day) for the Respondents Hearing date: 14 - 15 October 2025 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court Ms Element & Ors v Tesco Stores Ltd © EAT 2025 Page 2 [2025] EAT 159 SUMMARY Equal Pay, Practice and procedure Orders on disposal on remittal back to the same tribunal seeking to assist the tribunal in the laborious task of finding facts at Stage 2 of an equal value case. Judgment approved by the court Ms Element & Ors v Tesco Stores Ltd © EAT 2025 Page 3 [2025] EAT 159 THE HONOURABLE MRS JUSTICE STACEY 1. This matter comes before the Employment Appeal Tribunal to decide disposal and consequential matters following judgment given on 31 July 2025 in these three linked appeals (“the Stage 2 EV EAT Judgment,” to help distinguish it from the many other appeals and judgments in these proceedings). 2. As previously, I have been provided with a wealth of submissions and authorities by all counsel who appeared in the appeal before me and I am grateful to all parties …