Equal Pay: Shop floor staff can be compared to warehouse workers.

Equal Pay: Shop floor staff can be compared to warehouse workers.

The Supreme Court (SC) recently confirmed that retail workers at Asda can be compared to warehouse workers for the purposes of making an assessment for equal pay. The Judgment of the SC is the latest stage of a long-running dispute between the workers and the supermarket giant.

The case centres around the fact that those who work in retail at Asda are paid less than those who work in distribution. The claimants demonstrated that the retail workers are predominantly female, compared to the higher paid warehouse workers, who are predominantly male.

The SC focused on whether there were common terms between the claimants and their potential comparators in the warehouse (notwithstanding the fact that they worked at different sites). Asda has different terms and conditions for warehouse staff and retail staff so the SC considered whether the comparators, if employed at the same establishment as the retail staff, would have been on the same terms and conditions. The SC decided that they would have been, and, therefore, that the claimants would be able to use warehouse workers as comparators.

However, the Judgment only deals with the first hurdle in the claimants’ long running battle for equal pay. Whilst the SC has confirmed that the retail workers can use warehouse workers as comparators, they will still need to show that the work they do is of equal value and that the main reason for being paid less is their gender. Asda has already confirmed that it will continue to defend these claims and any further claims brought against it.

Whilst there is not yet a definitive answer, many retailers will be keeping a close eye on future litigation as the potential back payments for such claims could theoretically reach billions of pounds.

If you have any questions about this case or equal pay please e-mail Paul Kelly at PKelly@LawBlacks.com