Equal Pay: Asda retail workers carry out work of equal value to distribution centre workers
The long-running equal pay claim against Asda takes another step forward as the tribunal finds that the majority of lead claimants in retail roles perform work of equal value to distribution centre workers.
Background
The case of Asda Stores Ltd v Brierley and others is one of the largest equal pay disputes in the UK, involving tens of thousands of retail workers seeking equal pay with their counterparts in distribution centres.
Under the Equality Act 2010, employees can bring a claim if they believe they are performing like work, work rated as equivalent or work of equal value to higher-paid colleagues of the opposite sex.
In 2021, the Supreme Court confirmed that Asda’s retail employees were entitled to compare themselves to distribution workers, even though they worked in different establishments. This decision did not determine whether the roles were actually of equal value or whether any pay difference was due to sex discrimination, but it allowed the claim to proceed.
Employment Tribunal decision
At this latest stage in the litigation, the employment tribunal conducted an equal value hearing to assess whether the work carried out by retail staff was of equal value to that of distribution centre workers. The tribunal examined 14 lead claimants in retail roles and 17 distribution workers to determine whether their work required comparable effort, skill, and responsibility.
The tribunal ruled that 11 of the retail workers, including checkout operators and shop floor assistants, performed work of equal value to at least some of the distribution roles. Additionally, a section leader was found to be in a role of equal value to all the distribution centre workers examined. However, the tribunal held that two retail roles—a personal shopper and a shop-floor assistant for edible groceries—were not of equal value to any distribution centre positions.
The tribunal’s findings represent another significant milestone in the case, though they do not yet determine whether any pay disparity was due to sex discrimination.
Next steps in the litigation
The case is far from over. An appeal is reportedly being considered regarding the tribunal’s conclusion on the personal shopper and edible grocery roles, as this decision could negatively impact around 11,000 of the 60,000 claimants. Subject to any appeal, the next stage will focus on the reason for the pay difference—whether it was due to sex discrimination or another factor.
If the claimants are ultimately successful, Asda could be liable for back pay estimated at £1.2 billion, with individual workers potentially receiving around £20,000 each. Similar equal pay claims have also been brought against other major retailers , including Morrisons, Tesco, Sainsbury’s, Co-op, and Next.
Conclusion
This decision marks another step forward in the long-running equal pay battle against Asda. While the tribunal has found that the majority of retail claimants carry out work of equal value to distribution workers, further legal hurdles remain. The next phase of the litigation will determine whether the pay disparity was due to sex discrimination, a question that could have significant financial and legal consequences for Asda and other retailers facing similar claims.