ASDA Stores Ltd v Brierley & Ors (Equal Pay Act) [2017] UKEAT 0011_17_3108 (31 August 2017)

ASDA Stores Ltd v Brierley & Ors (Equal Pay Act) [2017] UKEAT 0011_17_3108 (31 August 2017)

Article 157 TFEU is directly effective in equal value claims involving actual comparators; the existence of a single source of pay and conditions permits comparison between claimants and comparators at different establishments; the Employment Judge did not err in law or make perverse findings in allowing the claimants to compare themselves with their chosen comparators.

Citation
[2017] UKEAT 0011_17_3108
Parties
Appellant: Asda Stores Ltd; Respondents: Ms S Brierley and Others
Jurisdiction
United Kingdom
Judgment Date
31 August 2017
Procedural Posture
Employment Appeal / Appeal From Reserved Decision of Employment Judge
Outcome
Appeal dismissed
Legal Topics
Equal Pay, Work of Equal Value, Comparators, Direct Effect of EU Law, Single Source Doctrine
Employment Law European Union Law Equality Law Equal Pay Work of Equal Value Comparators Direct Effect of EU Law Single Source Doctrine

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 24 Party arguments 2
Sign in to unlock

Parties

Asda Stores Ltd

Appellant

Ms S Brierley and Others

Respondents

Procedural Posture

Employment Appeal / Appeal From Reserved Decision of Employment Judge

Legal Issues

  1. 1 Is Article 157 TFEU directly effective in equal value claims?
  2. 2 Does the existence of a 'single source' of pay and conditions permit comparison between claimants and comparators at different establishments?
  3. 3 Did the Employment Judge err in law or fact in allowing the claimants to compare themselves with their chosen comparators?

Ratio Decidendi

Article 157 TFEU is directly effective in equal value claims involving actual comparators; the existence of a single source of pay and conditions permits comparison between claimants and comparators at different establishments; the Employment Judge did not err in law or make perverse findings in allowing the claimants to compare themselves with their chosen comparators.

Court Disposition

Appeal dismissed

Orders

  • No reference to the Court of Justice of the European Union will be made.
  • The decision of the Employment Judge allowing the claimants to compare themselves with their chosen comparators is upheld.