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Supermarket employees can compare their work with depot employees in equal value pay claim

Makbool Javaid
uk economy

In Asda v Brierley and ors the Court of Appeal has upheld the decisions of the ET and EAT that in a claim of equal pay for work of equal value, Asda supermarket employees, mainly women, can compare their work with distribution workers based at depots, who are mostly men, and who are paid more. The Court rejected Asda’s argument that a comparison could not be made because there were different “sources” for retail terms, where pay is determined internally and imposed, and distribution terms, which are collectively bargained through the GMB union. The Board had the power to set or change the terms, but it had delegated the setting of pay to separate internal organs and the Board “could interfere at the stroke of a pen”. 


The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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