Fact Service February 2022

Issue 5

Co-op workers in first win of comparability claim

The Co-op supermarket chain has conceded that shop floor staff can be compared to distribution centre employees, the first step in a claim by 1,600 staff for equal pay.

The supermarket workers, who are mainly women, want pay parity with distribution centre workers who are mostly men and paid up to £3 an hour more.

According to law firm Leigh Day, which is representing the workers, the Co-op will now have to show that the roles are not of equal value or that there is a genuine reason for the pay difference which is not based on gender.

Leigh Day says that this is the most recent in a series of comparability milestones for equal pay claims against top supermarkets. Last year Next and Sainsbury’s conceded on the issue of comparability, while in September 2021 an employment tribunal ruled the roles of Morrisons store workers can be compared to their colleagues in distribution centres.

This followed a win for Tesco shop floor workers when the Court of Justice of the European Union ruled a worker can compare their role with somebody working in a different establishment if a “single source” has the power to correct the difference in pay. Prior to this, the law firm adds, a judgment was handed down by the Supreme Court, which confirmed that Asda shop floor workers could also compare their roles.

https://www.leighday.co.uk/latest-updates/news/2022-news/co-op-shop-floor-workers-claim-victory-in-first-stage-of-equal-pay-battle