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In a judgment handed down on 12 May 2026, the Court of Appeal dismissed Britain’s biggest grocer’s appeal against the Tribunal’s approach to determining the job facts of customer assistants and warehouse operatives, a critical step in the so-called “equal value” process that underpins the entire dispute.
The ruling comes mid-way through a separate Employment Tribunal hearing in which Tesco is attempting to justify paying its predominantly female store workforce less than its largely male distribution centre staff. The supermarket has leant heavily on the argument that the differential reflects “market rates”, a defence lawyers at Leigh Day, who act for more than 16,000 claimants, insist cannot lawfully stand.
At the heart of the appeal was Tesco’s attempt to stop the Tribunal from relying on the company’s own training manuals and operational documents to establish what customer assistants and warehouse operatives are required to do day-to-day. For Britain’s SME employers and retail bosses watching closely, the Court of Appeal’s response will make uncomfortable reading.
The judges upheld the Tribunal’s approach, accepting that Tesco operates in a highly regulated environment, deploys sophisticated digital stock systems and maintains exhaustive training materials precisely to ensure work is carried out consistently across every one of its stores. The Court found Tesco had a “strong business need” for these roles to be performed in the same way throughout its operations, and that, absent clear evidence to the contrary, its own training documents could properly be treated as determinative of what staff were required to do.
The implications stretch well beyond Welwyn Garden City. The judgment effectively rejects attempts to force thousands of workers in mass equal pay claims to individually prove every nut and bolt of their roles when the employer has itself standardised the work. For any business with a structured operating model, supermarkets, hospitality chains, logistics operators and the wider SME retail community, the precedent is plain: your own training materials and operating manuals may be used as evidence against you.
The Court of Appeal also repeated earlier criticisms of Tesco’s evidential approach, raising concerns about both the nature and presentation of witness testimony deployed during the litigation. In a further blow to large employers, the judgment offered fresh guidance that tribunals in mass equal pay claims may, where appropriate, assess jobs more generically rather than insisting every single claim be picked apart on an overly individualised basis, a clarification that could substantially reduce the runway of delay and procedural complexity that often accompanies these disputes.
Kiran Daurka, employment partner at Leigh Day, said the ruling was a significant moment for access to justice. “The Court of Appeal has recognised the importance of removing unnecessary hurdles that prevent everyday people from accessing justice in complex equal pay litigation,” she said. “This judgment is a welcome clarification that, in large-scale cases involving sophisticated respondents like Tesco and other large retailers, tribunals can take a practical and proportionate approach to assessing jobs, which then mitigates against unnecessary complexity to delay or obstruct claims.
“Our clients have always maintained that these cases should focus on the reality of the work being done, not on creating artificial barriers that make equal pay claims impossible to pursue. This ruling will help future claims progress in a more streamlined and accessible way.”
For Tesco, and for every employer with a workforce split between front-of-house and back-of-house operations, the message from the Court of Appeal is unambiguous. The defence of “that’s just what the market pays” is wearing thin, and the documents sitting on a company’s own intranet may yet prove to be the most powerful evidence claimants ever need.
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