Update: Asda v Brierley and others [2019] EWCA Civ 44

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 Supreme Court has now given Asda permission to appeal - having lost the claim three times so far in the employment tribunal, employment appeal tribunal and at the Court of Appeal back in January 2019.

Leigh Day, representing the shop floor workers report that “The Supreme Court has ruled that it will consider an appeal relating to the comparability stage of the UK’s biggest equal pay case brought by shop floor workers against Asda”.

The court will consider:

●      Are the roles comparable?

●      If the roles are comparable, are they of equal value?

●      If they are of equal value, is there a reason other than sex discrimination that means the roles should not be paid equally?

The second part of the claim, relating to equal value, is currently being heard by the employment tribunal. Hearings took place in the Manchester Employment Tribunal in May and June 2019 and a judgment about the first batch of job descriptions is expected in autumn later this year.

Posted on 6 August, 2019 by Ortolan

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