60,000 Asda Workers Make Claims in One of the Largest Private Sector Equal Pay Cases

In a landmark employment tribunal case, more than 60,000 Asda workers claim they received unfair pay at work. Should the case succeed, the supermarket giant could owe billions in back pay. Read on as we scrutinise the facts of the equal pay claim. We compare it to a recent similar claim against Next and discuss whether that ruling could influence this one.

If you think you’ve been unfairly paid at work, please don’t hesitate to get in touch. Redmans Solicitors are employment law specialists, and with our vast experience, we can discuss your case and possible future steps.

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Asda Workers Pursue Historic Equal Pay Claim

Over 60,000 Asda workers with GMB Union backing are bringing what has been described as the “largest ever private sector equal pay claim”. This comes after the predominantly female retail staff claim that, despite undertaking work of equal value, they’re paid up to £3.74 less per hour than the predominantly male warehouse staff.

The 12-year legal fight is currently in its second stage, with tribunal proceedings expected to last three months. The proceedings follow a successful 2021 ruling, where a tribunal held retail staff could initiate claims comparing their roles to those in distribution centres, mainly dominated by male colleagues.

Should the Asda equal pay claim succeed, a GMB representative claimed the supermarket giant would owe retail staff around £2 billion in back pay. Furthermore, they asserted a successful judgment would force employers to examine their wage structures to ensure women are paid fairly.

An Asda spokesperson responded, “We strongly reject any claim that Asda’s pay rates are influenced by gender… We continue to defend these claims because retail and distribution are two different industry sectors that have their own distinct skill sets and pay structures”.

Legal Struggle of Asda Workers Mirrors Next Equal Pay Claim

In a similar recent case, predominantly female retail workers at Next successfully argued that male-dominated warehouse staff were unfairly paid more for performing work of equal value. The tribunal stated that simply basing wages off “market rates” was an insufficient reason for the pay discrepancy. 

The tribunal added that although gender didn’t directly account for the pay gap, the wage structure was indirectly discriminatory. Consequently, following the successful Next equal pay claim, the retailer must provide back pay and fair pay in the future.

Next Judgment to Strengthen Asda Claim?

While every case is unique and tribunal outcomes aren’t guaranteed, one could suggest the Next ruling sets a precedent that may favour the Asda claim. The Next judgment clarifies that employers cannot rely simply on “market rates” to justify unfair pay at work. Since both cases revolve around female-dominated retail staff being paid less than male-dominated warehouse staff, the Next ruling could strengthen the argument that Asda’s pay structures are also indirectly discriminatory.

Moreover, the judgment in the Next equal pay claim established that employers must have a lawful justification for any pay discrepancies that don’t stem from gender bias. Should Asda rely on arguments similar to those Next held, they may find it difficult to defend the discrepancy. If the tribunal finds that the retail and warehouse staff complete work of equal value, this judgment could be a persuasive reference for a favourable ruling for the Asda workers.

Begin Your Claim with Redmans Solicitors

Following news of the Asda workers’ claim, others may believe they’ve faced similar injustice. If this is true for you, read on to learn more about equal pay rights under UK employment law.

Legally, men and women must receive “equal pay for equal work”. This means an individual mustn’t be paid less than someone of the opposite sex undertaking similar work. For work to be similar, it must be “of equal value”, “rated as equivalent” or “like”. Many factors would come into play to determine this, so roles would be considered on a case-by-case basis.

If you believe, like the Asda workers, that you’re receiving unfair pay at work, please contact Redmans Solicitors immediately. As employment law specialists, we can discuss your circumstances, analyse your case, and advise on your possible next steps.

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