European Employment Law Cases

Case Reports

2017/42 Asda retail employees can compare themselves to distribution centre employees in equal pay claim (UK)

Keywords Gender discrimination
Authors Katie Johnston
Author's information

Katie Johnston
Katie Johnston is a Senior Associate at Lewis Silkin LLP.
  • Abstract

      Between 2008 and 2016, around 7000 Asda employees working in retail stores (who were largely women) issued equal pay claims in the Manchester Employment Tribunal (‘ET’). The Claimants argued that retail store workers carry out work of ‘equal value’ to the predominantly male workforce working in the distribution centres, meaning they were appropriate comparators for the purposes of an equal pay claim. The ET upheld their claim, even though the stores and distribution centres were run by different departments and the rates of pay set by a different method. Asda appealed to the EAT, which dismissed all grounds of appeal and upheld the ET’s decision, allowing the UK’s largest private-sector group equal pay claim to proceed.

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