Supreme Court refuses Tesco permission to challenge key equal pay ruling

Lawyers from Leigh Day's employment team have called it a significant outcome for the 16,000 current and former Tesco shop workers they represent and say it helps ensure equal pay claims can be determined fairly, proportionately and without unnecessary obstacles. 

The judgment, handed down in May 2026, concerns the approach Employment Tribunals should take when establishing the factual content of jobs as part of the equal value assessment process. 

On 12 May 2026, the Court of Appeal dismissed Tesco's challenge to the Employment Tribunal's approach to determining the job facts of customer assistants and warehouse operatives as part of the equal value process.

Central to the appeal was Tesco's attempt to prevent the Tribunal from relying on the company's own training materials and operational documents when determining what work those employees were required to do.

The Court of Appeal upheld the Tribunal's approach, recognising that Tesco operates in a highly regulated environment, uses sophisticated digital stock systems and maintains extensive training materials designed to ensure work is carried out consistently across its stores. 

The court accepted Tesco had a strong business need for customer assistant and warehouse operative roles to be performed consistently throughout its operations. It upheld the Tribunal's finding that Tesco's training materials could properly be treated as determinative of what staff were required to do unless there was clear evidence to the contrary. 

Tesco subsequently sought permission to appeal to the Supreme Court. On 29 September 2026, The Supreme Court refused permission.

The ruling forms part of the wider equal pay litigation being brought by more than 16,000 current and former Tesco shop workers represented by Leigh Day. The claimants argue predominantly female store workers have been paid less than predominantly male distribution centre workers for work of equal value.

Kiran Daurka, employment partner at Leigh Day, said:

"This is a significant outcome for the 16,000 Tesco workers we represent and brings Tesco's challenge on this issue to an end.

"The courts have confirmed tribunals can rely on an employer's own training and operational materials when determining what employees are required to do.

"That will help ensure equal pay claims can be determined fairly, proportionately and without unnecessary obstacles.

"We remain focused on securing equal pay for our clients in the wider litigation."