An employment tribunal has ruled that women in a wider range of Asda store roles carry out work of equal value to male staff in the retailer’s distribution centres, marking another development in an equal pay dispute worth an estimated £1.2 billion.
A panel in Manchester assessed the duties of several “non-lead” claimants and compared them with male employees in depots. The tribunal examined 12 criteria, including knowledge, problem‑solving, decision‑making, physical and mental demands, responsibility for others, health and safety, and the impact on customer goodwill.
The decision follows a ruling last year, in which 12 of the 14 “lead claimants” in Brierley and others v Asda Stores were found to have established equal value with some of the lead male comparators.
In a 212‑page judgment issued on Friday, Employment Judge Mark Butler concluded that women working as shop floor assistants in Asda’s pharmacies and petrol stations perform work of equal value to certain male depot workers. The same applies to women employed as delivery drivers and security staff.
However, the tribunal found that some roles, including store assistants in wine and beer departments, do not meet the threshold for equal value.
Judge Butler noted: “This, in essence, is the final piece of the litigation before turning to the issue of the respondent’s Material Factor Justification.”
Asda must now show that any pay differences between men and women carrying out comparable work were not due to sex. The claims date back to 2008 and could cost the supermarket chain around £1.2 billion.
An Asda spokesperson said: “A significant proportion of retail roles were not found to be of equal value to any of the depot roles. Those claims have now been dismissed. This case now moves to its final stage, where Asda will defend the differences in pay between the remaining roles.”
A spokesperson for Leigh Day, which represents the claimants, added: “This is a significant and encouraging step forward for thousands of Asda workers pursuing equal pay. The tribunal has confirmed that the vast majority of shop floor roles are of equal value to the higher-paid roles in distribution centres. This strongly reinforces the core case that retail workers have been undervalued for years. We recognise that the outcome is more mixed for a small number of roles, and we understand this will be disappointing for some claimants. Importantly, no claims have been dismissed at this stage, and many workers may still have viable claims depending on their individual work histories.
“The case now moves to the final stage, where Asda must seek to justify why these workers have been paid less. We will continue to pursue this case with determination on behalf of our clients. This case remains about fairness and the principle that work of equal value should attract equal pay, regardless of whether it is done mainly by women or men.”
This article is based on a piece written for Personnel Today
