Equal pay for equal work - Asda's discrimination claim
Posted on 6th February 2025
An ongoing equal-pay claim against Asda has reached its final stages, with the Tribunal deciding that certain roles in the supermarket and warehouse are of equal value. As warehouse roles are paid up to £3.74 per hour more, the supermarket faces claims of discrimination.
The Equality Act 2010 incorporates equal pay legislation (the Equal Pay Act 1970, which has now been repealed) into current employment law. Its purpose is to prevent sex discrimination by paying (usually) men more than women for the same type of work.
The same, equivalent or equal
There are several crucial elements to an equal pay claim. A female claimant must show that a man doing the same work, equivalent work, or work of an equal value is paid more, and that the reason is their sex.
At Asda, the warehouse jobs in question are largely held by men, while the shop jobs are largely held by women. The claimants allege that these jobs are of equal value, and so Asda is paying men more than women for equal work. An employment tribunal has decided that, for most of the claims brought, the work is of equal value.
Factors that may make work equivalent or of equal value include the level of:
skill
responsibility
training
effort.
There is a possible defence still available to Asda, if it can show there is another reason for the difference in pay between men and women, which is objectively nothing to do with sex.
Acas suggests that it may be acceptable to pay workers more:
if they are more qualified
if the role is harder to recruit for
based on location
if the pay difference is linked to the shifts worked.
Lessons for employers
The claim is significant for Asda, and in the past this issue has cost other large scale employers such as Birmingham City Council. Each case or potential case depends on its facts, but this is a warning for employers that equal pay isn't just about people in the same roles.
Employers should carefully monitor pay policies and practices. It is important to understand when different jobs might be classed as having equal value, and the factors a tribunal will consider. Employers should pay extra attention to roles held by mostly male or mostly female employees, to ensure that sex is not a factor in pay.
Failure to do so can lead to lengthy and expensive claims. Claims may be brought in both the employment tribunal and the civil courts. In the latter, claims may be brought up to six years from the date of breach.
Get in touch for advice about which roles might be equivalent.
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