header-logo header-logo

Where Next for equal pay?

20 September 2024 / Charles Pigott
Issue: 8086 / Categories: Features , Employment , Equality , Discrimination
printer mail-detail
189732
The ruling in the group action against the retailer paves the way for more claimants in the retail sector & beyond, writes Charles Pigott
  • Last month’s employment tribunal decision in the Next equal pay litigation is the first substantive ruling to emerge from six separate group actions being brought against national retailers, including Asda and Tesco.

After years of interlocutory hearings, it had been established that the work done by predominantly female store workers was of equal value to that done by their comparators, who worked in Next’s warehouses where a majority of the workers are male. The final stage was reached earlier this year, when a 15-day hearing took place to hear Next’s material factor defence in relation to 17 groups of terms. The reserved decision has now been published (Thandi and others v Next Retail Ltd and Next Distribution Ltd Leeds ET 1302019/18 and others). There are now over 3,500 claimants in this group action.

Next has indicated that it intends to appeal.

The material factor defence

It

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll