chester

Chester 01244 405 555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

shrewsbury

Shrewsbury 01743 443043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Slide e

Airport City, Manchester 0161 537 3324

Offices 204 and 205
Manchester Business Park
3000 Aviator Way
Manchester M22 5TG

‘Common Terms’ Threshold Met for Equal Pay Claims Against Asda

AsdaStore Photocredit:ElliottBrown

29th March, 2021

Asda Stores Ltd (Appellant) v Brierley and others (Respondents) [2021] UKSC

On 26 March 2021, the Supreme Court judges unanimously upheld the Court of Appeal’s decision in favour of the 35,000 predominantly female retail employees, confirming that their claims against supermarket giant, Asda, meet the threshold for the ‘common terms’ test, which must be met if the Claimant(s) is/are based at a different establishment to the comparator before an equal pay claim can proceed to be heard in the Employment Tribunal.

The successful ‘common terms’ test, set out in section 79(4)(c) of the Equality Act 2010, in this case essentially establishes that the retail workers would be on substantially similar terms if they were hypothetically doing the same job but based out of the distribution workers’ site, and vice-versa.

This decision at this stage does not mean that the Claimants’ claims for equal pay succeed, so watch this space for the Tribunal ruling which will determine whether the Claimants received less pay than a valid comparator for the same work in the six-year period prior to commencing proceedings in 2014.

Other supermarkets and comparable businesses could see similar claims being brought against them on the back of this ruling.

If you or your business require guidance on supporting the needs of employees with disabilities, or any other employment matter, please contact Tori Shepherd, who would be happy to assist.

Tori Shepherd

Employment

Solicitor
Email: [email protected]
Tel: 01743 296 251

Contact us

Photo credit: Elliott Brown

You might also be interested in...

Chester chosen to host prestigious international conference

9th May, 2022

Chester-based law firm Aaron & Partners will host delegates from all over the world in its home city... Read More »

Handholdingkeystohouse CovidandRentArrears–WhatdoesitmeanforCommercialLandlordsandTenants

Commercial Landlords v Commercial Tenants

4th May, 2022

In light of the ongoing challenges for commercial landlords where their tenants are failing to pay, this article... Read More »

two people removing wedding rings

End of the ‘blame game’ in sight

8th April, 2022

There are significant changes that have been made to divorce law and procedure in England and Wales with... Read More »

Contact Us