Asda Stores Ltd v Brierley & Ors

Asda Stores Ltd v Brierley & Ors

Claimants are entitled to compare themselves with distribution workers in other establishments because Asda applies common terms and conditions for both retail and distribution workers irrespective of where they work. The 'North hypothetical' is satisfied, and the terms have a single source. Domestic law and EU law permit the comparison.

Parties
Appellant: Asda Stores Ltd; Respondents: Brierley and others
Jurisdiction
England and Wales
Judgment Date
31 January 2019
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Equal Pay, Cross Establishment Comparison, Single Source Doctrine, Direct Effect of EU Law
Employment Law Equality Law European Union Law Equal Pay Cross Establishment Comparison Single Source Doctrine Direct Effect of EU Law

Case Brief

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Parties

Asda Stores Ltd

Appellant

Brierley and others

Respondents

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Are claimants entitled to compare themselves for equal pay purposes with employees working in Asda's distribution operation?
  2. 2 Do common terms and conditions apply at both stores and distribution centres within the meaning of section 79(4)(c) Equality Act 2010 and section 1(6) Equal Pay Act 1970?
  3. 3 Does EU law (Article 157 TFEU) permit comparison based on 'single source'?

Ratio Decidendi

Claimants are entitled to compare themselves with distribution workers in other establishments because Asda applies common terms and conditions for both retail and distribution workers irrespective of where they work. The 'North hypothetical' is satisfied, and the terms have a single source. Domestic law and EU law permit the comparison.

Court Disposition

Appeal dismissed

Orders

  • Claimants are entitled to compare themselves with distribution workers for equal pay purposes under section 79(4)(c) Equality Act 2010 and section 1(6) Equal Pay Act 1970.
  • No further orders issued.