Asda loses first stage of landmark equal pay case at Supreme Court
Asda has lost the first stage of its appeal in a landmark equal pay case that could cost the supermarket giant millions of pounds.
The Supreme Court this morning upheld the findings of a 2016 employment tribunal and a Court of Appeal case in 2019, which ruled that roles of Asda store workers can be compared to distribution centre positions when assessing equal pay.
The case will now progress to stage two, where the Supreme Court will consider whether store staff, who are predominantly women, are of equal value to distribution centre jobs, that are mainly filled by men.
If the claim passes to stage three, the court will consider if there are any reasons other than gender why the roles should not be paid equally.
Lauren Lougheed, a partner in the employment team at Leigh Day, which is representing 44,000 Asda workers, said: “We are delighted that our clients have cleared such a big hurdle in their fight for equal pay.
“Already an employment tribunal, the Employment Appeal Tribunal and the Court of Appeal ruled that these roles can be compared, and now the Supreme Court has come to the same conclusion.
“It’s our hope that Asda will now stop dragging its heels and pay their staff what they are worth.”
Wendy Arundale, who worked for Asda for 32 years, added: “I loved my job, but knowing that male colleagues working in distribution centres were being paid more left a bitter taste in my mouth.
“It’s not much to ask to be paid an equal wage for work of equal value, and I’m glad that Supreme Court reached the same conclusion as all the other courts.”
Asda said today’s ruling relates to one stage of a “complex case that is likely to take several years to reach a conclusion”.
The grocer said pay in its stores and distribution centres is the same for colleagues doing the same jobs, regardless of gender.
“Retail and distribution are very different sectors with their own distinct skill sets and pay rates,” it said.
“Asda has always paid colleagues the market rate in these sectors and we remain confident in our case.”