Appeal against the EAT’s finding that the Claimants, mostly women working in the Respondent’s supermarkets, were entitled to compare themselves, for equal pay purposes, with employees working in the Respondent’s distribution operation. Summary . the tribunal in Brierley v Asda had been flawed. Date published: 31/08/2017. Asda Stores Ltd (Appellant) v Brierly and others (Respondents) Case ID: UKSC 2019/0039 Asda Stores Ltd v Brierley and other [2019] EWCA Civ 44. Copyright 2020 Acuity Law, All Rights Reserved. All footage remains the property of the UK Supreme Court comparators. Lord Justice Underhill also added that Asda’s application to appeal to the Supreme Court had been refused. The Asda Stores Ltd v Brierly and others case will act as a shot across the bows of other retail giants, such as supermarkets (many of which are facing similar gender pay equality claims in the courts) or clothes stores, in terms of how they treat their employees, and the importance of gender pay equality. We also use third-party cookies that help us analyze and understand how you use this website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Asda Stores Ltd v Brierley and others. These cookies will be stored in your browser only with your consent. 1. In Asda v Brierley the Court of Appeal found that female workers in Asda’s retail stores could compare themselves with men working in separate distribution depots for the purposes of equal pay claims as they were in "comparative" employment. About 30,000 claimants, mostly women, working in Asda supermarkets have brought equal pay claims against their employer, Asda Stores Ltd, which is the Appellant before us, on the basis of comparisons with the pay of male employees employed at depots as part of Asda… If similar cases against the top supermarkets in the UK return the same result then current and former retail staff may be entitled to up to £10billion in combined back pay. Appeal against a ruling that the Claimants could compare their work with that of distribution workers based at depots, who were nearly all men and were paid more. In February 2019 we noted that the Court of Appeal has confirmed that jobs in different parts of the same business can be compared for the purposes of the Equal Pay Act 2010 ( Asda v Brierley and others [2019] EWCA Civ 44 ). The largest equal pay group action in the private sector rumbles on in 2021. Get news and case law updates with our daily email newsletter: Thousands of Asda shop floor workers, who argued that their customer-facing roles are undervalued compared to warehouse workers, have won the latest round of a legal battle with their employer over equal pay, in a ruling has been hailed as a potential “game changer” for more than half a million retail workers. Read the full decision in Ms S Brierley and others v Asda Stores Ltd: 2406372/2008 and others - Judgment. Tweet. These cookies do not store any personal information. Asda Stores Ltd v Brierley and others The largest equal pay group action in the private sector rumbles on in 2021. Permission to appeal to this court was refused by the judge but granted by Underhill LJ on 10 October 2017. Equal pay on the shop floor: Asda Stores Ltd v Brierley, Reminder! Although you are welcome to view these proceedings, the re-use, capture, re-editing or redistribution of this footage in any form is not permitted. For more information, please get in touch with Claire or Rebecca in our employment team. This video footage is © UK Supreme Court. Add in the fact that we’re still dealing with preliminary issues and the substantive aspects of the case have yet to be decided upon – and months/years of litigation look likely (unless Asda settles of course). Asda Stores Ltd v Brierley & Ors UKEAT/0011/17/DM. In his judgment, Lord Justice Underhill ruled that for both retail workers and distribution workers “Asda applied common terms and conditions wherever they work”. The Facts. The case that was originally heard by The Employment Tribunal (ET) in October 2016 was taken to the Court of Appeal where it was upheld on the 31st January 2019. Asda Stores Ltd v Brierley & Ors. It was also held that the claimants would be entitled to draw the comparison under European law because there was a “single source” for their, and their comparators’, terms, but declined to decide whether European law had direct effect in relation to equal value claims. Yes, confirmed the Court of Appeal in the case of Asda Stores Ltd v Brierley and others. The Court of Appeal had to consider this test further in the context of ASDA’s workforce. The court concluded that Asda's predominantly female shop workers are entitled to compare themselves with Asda's predominantly male warehouse workers, when making their claims of equal pay for work … In Asda Stores Ltd v Brierley and others [2019] IRLR 335 CA, a case that involves over 37,000 claimants and is the largest equal pay case of its kind in the private sector, the Court of Appeal held that workers in Asda supermarkets (who are mainly female) are entitled to compare their pay with the pay of depot workers (who are mainly male) because common terms of employment apply. This would have implications for 584,000 current workers and an unknown numbers of former workers at all the major supermarkets. Here, Asda supermarket workers, mostly female, are contending that the work they do is of equal value to the work undertaken by their predominantly male colleagues working at Asda … Equal Pay: Asda's appeal on comparability for equal pay. 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