Labour Research December 2016

Law Matters

Asda equal 
pay claims

In an important development in the multiple equal pay claims against Asda (Brierley and others v Asda Stores Ltd), an Employment Tribunal has confirmed that female retail staff can use men who work in distribution centres as their comparator.

Asda had argued that the women should not be able to rely on these comparators to establish their entitlement to the same level of pay, on the basis that the men were employed at a different place, on different terms and conditions and that these had not been negotiated along with the retail staff terms. 

The tribunal came down on the side of the women and found that nonetheless, there were in fact terms and conditions applicable to both groups and that these terms had been issued by the Asda board. 

The comparator question was a preliminary issue so the case will now progress to a full hearing.