From the outset of this judgment HHJ Tayler makes it clear the appeal will be allowed as the judgment from the Tribunal was 'unusual because there are virtually no clear findings of fact'. Consequently they had failed to find the facts necessary to determine whether the claimant and her comparators were engaged in like work.

The rest of the judgment sees the judge consider, broadly, the legal framework and the essential findings of fact required to determine a claim of like work, though he declines counsel for the appellant's invitation 'to attempt a masterclass in the assessment' of like work claims, as so much turns on the specific findings of fact the employment tribunal makes. At [49] he rejects the submission that the evidence was unchallenged so there could only be one outcome as

'the failings in factual finding are so fundamental that merely because evidence has been quoted without being contradicted does not lead to a necessary conclusion that that evidence has been accepted.'

The case was remitted to a fresh tribunal.