TESCO LOSES VITAL PART OF APPEAL IN ITS BID TO STOP EQUAL PAY CLAIMS PROCEEDING TO MATERIAL FACTORS DEFENCE STAGE

Mr Justice Kerr said: “This appeal tribunal should be especially slow to interfere with case management decisions in substantial multi-claimant litigation such as this, given by an assigned managing judge with prior experience of the case and a consequent understanding of its dynamics and of the historical and litigious context in which particular case management decisions are being made… Generally, where one party seeks delay and the other seeks to keep up momentum, the tribunal is likely to look with scepticism at proposals involving long delay, provided the party seeking to keep up momentum, is not trying to impose real unfairness through unrealistically short deadlines. That is nowhere near the position here.”

Read the full judgment here for a summary of the work done on material factor defences so far.