Supreme Court denies Tesco's pay appeal

The Supreme Court has dismissed Tesco's request for permission to appeal a significant equal pay ruling, effectively concluding the supermarket's challenge and preserving the findings of the Court of Appeal. This ruling carries considerable implications for the 16,000 current and former Tesco shop workers represented by Leigh Day's employment team. It underscores the importance of ensuring that equal pay claims can be adjudicated fairly and without undue complications.

The May 2026 judgment revolves around how Employment Tribunals should assess job roles when determining equal value. On 12 May 2026, the Court of Appeal rejected Tesco’s appeal against the Tribunal's methodology regarding the factual assessments of customer assistants and warehouse operatives as part of the equal value process. A critical element of this appeal was Tesco's effort to restrict the Tribunal from using its own training materials and operational documents as evidence of employee duties.

The Court of Appeal supported the Tribunal's stance, acknowledging Tesco's necessity for consistent performance of roles within its regulated operational landscape, which utilises advanced digital stock management systems and comprehensive training resources. The court upheld the decision that Tesco's internal training documents could accurately reflect job requirements unless contradicted by definitive evidence.

Following this decision, Tesco sought to escalate the matter to the Supreme Court. However, on 29 September 2026, the Supreme Court declined to grant the appeal, solidifying the outcome of the prior ruling.

This decision is a vital segment of the broader equal pay litigation initiated by over 16,000 Tesco employees, who argue that predominantly female store staff have received lower pay than their predominantly male counterparts in distribution centres for roles deemed to hold equal value.

Kiran Daurka, employment partner at Leigh Day, expressed the significance of this outcome, stating “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.”