Tesco fails in Court of Appeal bid - Leigh Day
Lawyers representing tens of thousands of supermarket workers have welcomed a ruling on how tribunals should assess the value of Tesco shop worker roles.
www.leighday.co.ukHere’s the latest I can provide based on reputable outlets up to May 2026.
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Court of Appeal ruling (May 12, 2026): The Court of Appeal largely upheld previous tribunals’ approach to the Tesco equal-pay case and dismissed most of Tesco’s grounds of appeal. The decision addressed procedural aspects of how the equal-value exercise should be conducted and what evidence tribunals may rely on; it did not itself determine whether Tesco underpaid shop staff. This represents a procedural win for the claimants, potentially shaping the path toward the final equal-pay liability, which could run into billions if the underlying pay gap is proven.[3][4][5]
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Context of the dispute: The claimants argue that predominantly female store staff were paid less than predominantly male distribution-centre staff for work of equal value. Tesco contends that tribunals have relied on an appropriate methodology, and has sought to introduce expert evidence to explain pay differences via market forces, among other arguments. The appeal focused on how job roles are evaluated and what evidence is admissible, not on the ultimate determination of equal pay entitlement.[4][5][3]
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Earlier and related developments: Tesco has previously sought to overturn or delay decisions in the ongoing £4bn-plus dispute, with multiple rounds in courts and tribunals since 2018. The appellate process has involved discussions around the validity of Tesco’s job-evaluation studies and the comparators used in assessing value of work.[5][3][4]
What this could mean going forward
- The procedural victory limits Tesco’s grounds for appeal on how the equal-pay exercise is conducted, but the core question of whether store workers were unlawfully underpaid remains unresolved and is still being worked through in the Employment Tribunal process. The dispute continues to hinge on the methodology for assessing job value and the weight given to market-rate evidence.[3][4]
If you’d like, I can summarize the key points from the Court of Appeal judgment in plain-language and outline what comes next in the tribunal schedule, or track any new developments as they are reported. I can also provide a quick one-page briefing for a meeting or shareable summary. Please tell me your preference.
Citations:
- Procedural win in Court of Appeal for Tesco equal-pay claimants[3]
- Leigh Day coverage of May 12, 2026 decision[4]
- Retail Gazette overview of Tesco’s appeal posture and context[5]