Asda Stores Ltd v Brierley and others

Asda Stores Ltd v Brierley and others

The claimants succeed on the North hypothetical; distribution employees would have been employed on substantially the same terms if located at the claimants’ establishment, satisfying the common terms requirement for equal pay claims.

Parties
Appellant: Asda Stores Ltd; Respondents: Brierley and others
Jurisdiction
England and Wales
Judgment Date
26 March 2021
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Equal Pay, Cross Establishment Comparison, Common Terms Requirement
Employment Law Equality Law Equal Pay Cross Establishment Comparison Common Terms Requirement

Case Brief

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Parties

Asda Stores Ltd

Appellant

Brierley and others

Respondents

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether retail employees can use distribution employees as valid comparators for equal pay claims under the common terms requirement
  2. 2 Interpretation and application of the 'common terms' requirement in cross-establishment comparisons

Ratio Decidendi

The claimants succeed on the North hypothetical; distribution employees would have been employed on substantially the same terms if located at the claimants’ establishment, satisfying the common terms requirement for equal pay claims.

Court Disposition

appeal dismissed

Orders

  • Claimants may use distribution employees as valid comparators for equal pay claims.
  • Proceedings to continue to determine whether claimants performed work of equal value and whether Asda can rely on any statutory defence.