Brierley v Asda [2016] EW Misc B27 (ET) (14 October 2016)

Brierley v Asda [2016] EW Misc B27 (ET) (14 October 2016)

Employees at Asda stores may use employees at Asda's depots as valid comparators for the purposes of equal pay claims. There is a single source for pay and terms, and sufficient commonality of terms and conditions exists to permit the comparison under both UK and EU law.

Citation
[2016] EW Misc B27 (ET)
Parties
Claimant: Ms S Brierley and others; Respondent: Asda Stores Ltd
Jurisdiction
England and Wales
Judgment Date
14 October 2016
Procedural Posture
Employment Tribunal / Preliminary Hearing on Comparators in Equal Pay Claims
Outcome
Claims not dismissed; preliminary issue decided in favour of claimants.
Legal Topics
Equal Pay, Comparators, Sex Discrimination, Employment Terms and Conditions, Collective Bargaining, EU Law Direct Effect
Employment Law Equality Law European Union Law Equal Pay Comparators Sex Discrimination Employment Terms and Conditions Collective Bargaining +1 more

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Parties

Ms S Brierley and others

Claimant

Asda Stores Ltd

Respondent

Procedural Posture

Employment Tribunal / Preliminary Hearing on Comparators in Equal Pay Claims

Legal Issues

  1. 1 Can employees at Asda stores use employees at Asda's depots as comparators for equal pay claims?
  2. 2 Does EU law provide a 'single source' gateway for comparison?
  3. 3 Are there common terms and conditions within the meaning of section 1(6) of the Equal Pay Act 1970 and section 79(4) of the Equality Act 2010?

Ratio Decidendi

Employees at Asda stores may use employees at Asda's depots as valid comparators for the purposes of equal pay claims. There is a single source for pay and terms, and sufficient commonality of terms and conditions exists to permit the comparison under both UK and EU law.

Court Disposition

Claims not dismissed; preliminary issue decided in favour of claimants.

Orders

  • Employees at Asda stores may use employees at Asda's depots as comparators for equal pay claims.