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Asda Workers Win Supreme Court decision in latest appeal

26 March 2021 #Employment


The Supreme Court in their judgment this morning have ruled that Asda shop workers, who are predominantly female, can compare themselves to their colleagues who work in Asda distribution centres, who are predominantly male, in their equal pay claim. For equal pay claims, the comparator the claimant relies on must be employed by the same employer either at the same establishment, or at a different establishment with common terms 

In its judgment, the Supreme Court asked whether, broadly speaking, the terms enjoyed by the distribution employees were substantially the same between the depots and the claimants’ establishments. In doing so, it found there were common terms’ across the two sites, and that the distribution centre workers were valid comparators.  

The decision confirms the previous decisions made by the Employment Tribunal, Employment Appeal Tribunal, and the Court of Appeal.   

Today’s ruling does not mean the workers have won their claims for equal pay; rather, the shop workers are now able to proceed to the next stage of the claim, where they must prove the roles are of equal value.  

It is a significant decision, as if successful the claims may cost Asda up to £100 million. Other supermarkets such as Tesco, Morrisons and Sainsburys will also be watching the case with increased interest, as they too are facing similar equal pay claims.   

The case is set to continue for some time to come, with Asda signaling their intention to continue defending the claim, and we will keep you updated as this case continues. 

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
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This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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Ciara Duggan

Ciara Duggan
Trainee Solicitor

E: cduggan@clarkslegal.com
T: 020 7539 8052
M: 0778 665 5903

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