Union bosses are claiming an “historic breakthrough” after an employment tribunal ruled tens of thousands of female Asda employees fighting equal pay cases estimated to be worth £1.2bn could go to the final stage of the landmark case.
In the latest twist on action brought by the GMB and lawyers Leigh Day, the tribunal hearing in Manchester on Friday found there was a “mixed picture” over the comparability of roles across a raft of in-store roles compared with jobs in Asda’s distribution centre.
The tribunal ruled over the cases of 14 “lead claimants” who are representing workers across the different Asda roles.
It ruled that 12 of the roles would go to the final stage of the case, including that of checkout operator, shop floor assistant (chilled, bakery, produce, process, home & leisure, George, counters, service host, customer service desk and warehouse) and section leader.
However, thousands of female workers face having to appeal if they want to pursue the case. The tribunal found that around 20% of those represented in the case did not qualify for equal pay, including shop floor assistants for food and personal shoppers.
It found that the lead claimants in those roles had “failed to establish that their work was of equal value to any of the comparators’ work”.
Of the remaining roles, only that of section leader was found to have been of equal value to “all the comparators” looked at.
The tribunal summary read: “For all the remaining lead claimants, the result was a mixed picture.”
However, the GMB and its lawyers claimed the tribunal’s ruling was a major step towards a payout that would shake the supermarket industry to its core and said they were now considering “all available options” for the workers. This included the possibility of an appeal against the ruling over so-called “non-comparable” jobs, they said.
The long-running case centres on the fact Asda’s predominantly female retail workforce is paid up to £3.74 per hour less than the predominantly male warehouse workforce.
The women, who launched their claim in 2014, now face a final hurdle. Stage three of the claim, the so called Material Factor Defence stage, will determine if there are justifiable reasons for the pay differences such as geography or market forces.
With Asda arguing that there are many reasons for the differences behind sex, the final stage of the hearing is slated for 2026/27.
However, union bosses were today claiming a big victory.
“This is a historic step towards securing equal pay justice for tens of thousands of Asda workers, but it is tainted with bitter disappointment for those who now face an appeal,” said Nadine Houghton, GMB national officer.
“These women have been fighting for what they are owed for more than 10 years and are close to ending the era of retailers systematically undervaluing women.
“It’s telling many of the roles judged to be of equal value are the traditional shop floor roles women have held in retail for so long.”
However, she added: “It’s a crushing blow that some roles were not considered of equal value and we will be discussing next steps, including the possibility of an appeal.
“GMB now calls on Asda to stop wasting time and money dragging this case through the courts and get round the table with us to agree a settlement.”
Lauren Lougheed, partner at Leigh Day, added: “This is a significant step for the thousands of Asda store workers who have established equal value.
“Our clients have fought for over 10 years to achieve recognition of the value of their work and I am so pleased for them.
“We hope that Asda will now focus on resolving their cases quickly, rather than prolonging the process.
“Today’s ruling will of course be bitterly disappointing for our clients who work in the job roles that were not found to be of equal value.
“We believe that a strong case was put forward for these roles, and we will be discussing our next steps with those affected.
“Equal pay is a fundamental right, and this decision takes us one step closer to ensuring that the hard-working colleagues in Asda’s stores are not undervalued and are paid what they are owed.
“Our clients’ demand is clear: they want to be treated fairly. This means being paid the same as their colleagues in other parts of the business, who do work of equal value.”
Asda said the tribunal ruling was far more nuanced than the version of events claimed by union bosses.
A spokesman said: “We strongly reject any claim that Asda’s pay rates are discriminatory.
“Asda will continue to defend these claims at the next stage of the litigation because retail and distribution are two different industry sectors that have their own market rates and distinct pay structures.”
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