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 comparators for the purposes of equal pay claims. There is a single source for terms and conditions, and sufficient commonality in terms to permit comparison under both domestic and EU law frameworks.

Citation
[1996] ICR 515
Parties
Claimant: Ms S Brierley and others; Respondent: Asda Stores Ltd
Jurisdiction
United Kingdom
Judgment Date
14 October 2016
Procedural Posture
Employment Tribunal / Preliminary Hearing on Comparators in Equal Pay Claims
Outcome
Claims not dismissed; claimants may use depot employees as comparators.
Legal Topics
Equal Pay, Comparators, Sex Discrimination, Employment Terms, Collective Bargaining, EU Law Direct Effect
Employment Law Equality Law European Union Law Equal Pay Comparators Sex Discrimination Employment Terms 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 Whether employees at Asda stores can use employees at Asda's depots as comparators for equal pay claims
  2. 2 Whether there are common terms and conditions between retail and distribution employees within the meaning of the Equal Pay Act 1970 and Equality Act 2010
  3. 3 Whether EU law (Article 157 TFEU) provides an additional gateway for comparison

Ratio Decidendi

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

Court Disposition

Claims not dismissed; claimants may use depot employees as comparators.

Orders

  • The claims are not dismissed.
  • Employees at Asda stores may use employees at Asda's depots as comparators.