Gender Pay Gap – Brierley and others v Asda Stores Ltd
The Gender Pay gap is certain to be this year’s hot topic as businesses have to fess up to the inequalities in their pay schemes. One of the biggest cases on equal pay (7000 claims) is that of Brierley and others v Asda Stores Ltd. In the case the mostly female workers in retail have made a claim that their roles are comparable to the mostly male and higher paid workers in the distribution centres. There is no doubt that the result of this case will reverberate throughout the retail sector if not throughout all sectors of employment. In a seemingly copy cat action workers from Sainsbury’s retail stores have launched a similar equal pay claim, again citing their, higher paid, colleagues in the distribution centres.
The employment tribunal accepted, back in October, that the Claimants could compare themselves to workers in the distribution centres see: Brierley and Others v Asda Stores Ltd ET/240672/2008 (October 2016)
Earlier in the year the Court of Appeal found against Asda when they sought to claim that the Employment Tribunal did not have jurisdiction in the matter, therefore the case will continue using the tribunal system. When you think that the estimated value of the 7000 clams is around £100m it is easy to see why Asda would continue the fight. This will, no doubt be one of the most important judgments of 2017, so we wait with baited breath for the outcome.