Tesco workers win CJEU ruling on equal pay

The landmark ruling by the Court of Justice of the European Union (CJEU) on 3 June 2021 in favour of Tesco employees follows that of the Supreme Court in favour of Asda shop-floor workers earlier this year.

In similar facts to the Asda case, in this case, around 6,000 Tesco retail / shop-floor workers brought a claim against Tesco on the basis that they are paid less than other Tesco staff working in distribution depots.

The CJEU ruled that the Tesco workers can rely directly on their rights to equal pay that are set out in European law, over and above the domestic laws of England & Wales. The court was asked to rule on a specific aspect of European law, which was whether the so-called “single source” test applies to businesses in the UK.

Kiran Daurka, a partner at Leigh Day, acting for the Tesco workers, said: “This judgment reinforces the Supreme Court’s ruling (in the Asda decision) that the roles of shop floor workers can be compared to those of their colleagues in distribution centres for the purposes of equal pay”.

Tesco meanwhile continue to maintain their position that the two roles were not directly comparable, with a spokesperson for Tesco being quoted as saying “these roles require different skills and demands which lead to variations in pay – but this has absolutely nothing to do with gender”.

Posted on 10 June, 2021 by Ortolan

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