header-logo header-logo

04 June 2021
Issue: 7936 / Categories: Legal News , Employment , Equality
printer mail-detail

Workers win Tesco equal pay case

Pay conditions for Tesco shopfloor workers can be compared with those of warehouse and distribution staff, the European Court of Justice (ECJ) has ruled in a landmark decision on equal pay

The shopworkers, who are mostly women, say Tesco pays them up to £3 per hour less than warehouse staff, who are mostly men. The decision, Tesco Stores [2021] EUECJ C-624/19, comes three months after the Supreme Court held 40,000 Asda shopfloor workers could compare their roles to colleagues in distribution centres (Asda Stores v Brierley [2021] UKSC 10), and could result in £2.5bn in backdated pay claims.

Kiran Daurka, partner at Leigh Day, which acted for 50,000 Tesco workers, said: ‘For a long time, employers have argued that UK law in this area is unclear, but this judgment is simple, if there is a single body responsible for ensuring equality, the roles are comparable.

‘Clarification from the ECJ confirms that this single source test can be relied upon by people in the UK bringing an equal value claim. This means that employers can no longer hide behind the grey areas of UK law. It’s time for supermarkets to accept that the roles of shop floor workers and distribution centre workers are comparable.’

The UK has chosen to retain EU employment equality laws post-Brexit.

Camilla Beamish, legal director at Cripps Pemberton Greenish, said: ‘The workers relied on the “single source” principle, whereby it could be shown that the inequality in pay was attributable to a single source, in this case the Board of Tesco.

‘The Court dismissed Tesco’s argument that the EU principle defining equal pay for equal work or work of equal value was not applicable here and their argument that the roles required “different skills and demands”. This judgment leaves little uncertainty and demonstrates the Court’s firm hand with regard to equal pay claims.

‘Despite Tesco remaining adamant that they remunerate their staff fairly, the impact of this ruling will now make it even harder for businesses to justify paying their female and male staff differing rates for work of equal value. In addition, given the overwhelmingly high profile of both Asda and Tesco, it is hoped that these recent judgments will set a precedent for other private sector businesses and encourage them to urgently review their remuneration structures and equality policies.’

Issue: 7936 / Categories: Legal News , Employment , Equality
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll