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Case update (2): Gender pay gap – equal pay case to proceed

What do we already know?

We updated you in our October 2016 Newsflash Gender pay gap – Equal pay case to proceed and our November 2016 blog What does ASDA mean for me? on the preliminary Tribunal decision in Brierley and others v. ASDA Stores Ltd that approximately 7,000 current and former ASDA store workers bringing equal pay claims were entitled to compare themselves with depot workers in distribution centres.

The employer, ASDA, appealed this decision to the EAT.

What’s new?

The EAT has upheld the Tribunal’s above decision that employees (mainly female) who work in ASDA’s retail stores can compare themselves with higher paid men who work in distribution centres.  The EAT’s decision is available here.

The EAT agreed with the Tribunal that the value of work between these two groups of staff is of equal value and, therefore, that their pay should be comparable. In particular, when commenting on the issue of comparability, the EAT held:

The EAT strongly encouraged ASDA to solve its extensive equal pay issues between these two groups of staff. Nevertheless, the EAT has given ASDA permission to appeal to the Court of Appeal and ASDA’s legal team has indicated that it intends to do so. So watch this space for further developments…

Our Gender Pay Gap service

If you have 250+ employees, we’d love to tell you about our bespoke Gender Pay Gap Audit & Advice service.  Just get in touch and we will be happy to explain how we can support you.

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