This appeal gave rise to questions as to how an ET was to case manage large multiple claims; in particular, as to how it was to exercise its powers under the Employment Tribunal (Constitution and Rules of Procedure Regulations) 2013 in relation to cases within a larger multiple that had been stayed pending determination of sample claims. The EJ made case management orders relating to the stayed claims of one group of claimants in these equal pay proceedings, and had declined to lift the stay to require the Respondent to file its responses. The stayed Claimants appealed.

The EAT dismissed the appeal. The EJ had permissibly exercised his discretion in declining to lift the stay to require the Respondent to file its responses and in not making an entirely open order for disclosure of documents.