Asda Stores Ltd v Brierley & Ors [2019] EWCA Civ 44 (31 January 2019)

Asda Stores Ltd v Brierley & Ors [2019] EWCA Civ 44 (31 January 2019)

Claimants are entitled to compare themselves with distribution employees for equal pay purposes because common terms apply across establishments within the meaning of section 79(4)(c) of the Equality Act 2010 and section 1(6) of the Equal Pay Act 1970; additionally, EU law permits such comparison where there is a...

Source-derived case information.

Citation
[2019] EWCA Civ 44
Parties
Appellant: ASDA Stores Ltd; Respondents: Brierley and others
Jurisdiction
England and Wales
Judgment Date
31 January 2019
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Equal Pay, Cross Establishment Comparison, Single Source Doctrine, Sex Discrimination
Employment Law Equality Law European Union Law Equal Pay Cross Establishment Comparison Single Source Doctrine Sex Discrimination

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Parties

ASDA Stores Ltd

Appellant

Brierley and others

Respondents

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Are claimants entitled to compare themselves for equal pay purposes with employees working in Asda's distribution operation?
  2. 2 Does section 79(4)(c) of the Equality Act 2010 permit cross-establishment comparison where common terms apply?
  3. 3 Does EU law (Article 157 TFEU) permit comparison based on 'single source'?

Ratio Decidendi

Claimants are entitled to compare themselves with distribution employees for equal pay purposes because common terms apply across establishments within the meaning of section 79(4)(c) of the Equality Act 2010 and section 1(6) of the Equal Pay Act 1970; additionally, EU law permits such comparison where there is a single source for terms, which is satisfied by Asda being the employer.

Court Disposition

Appeal dismissed

Orders

  • Claimants permitted to compare themselves with distribution employees for equal pay purposes
  • Case remitted for determination of equal value and material factor defence