EAT Clarifies Mandatory “Binary” Sift for Reconsideration Applications

In Tesco Stores Ltd v Element & Others [2026] EAT 33, judgment handed down on 26 February 2026, the Employment Appeal Tribunal clarified the mandatory procedure for reconsideration applications under the Employment Tribunal Procedure Rules 2024 (in force from 6 January 2025). The EAT confirmed that at the initial sift stage, a tribunal must adopt a strict binary approach: either refuse the application for having no reasonable prospect of success or grant permission for it to proceed. Finding procedural errors in ongoing equal value claims, the EAT allowed the appeals and remitted the matters for reconsideration in accordance with the correct process.