The Asda equal pay claim has been running for more than a decade and is one of the largest employment disputes in UK legal history.
The claim alleges that some Asda store workers may have been paid less than distribution centre employees doing work of equal value. Asda disputes the allegations and has not been found liable.
With the case attracting significant media attention, there is also plenty of confusion about what the claim means, who it affects, and what happens next.
Here’s what workers need to know.
What is the Asda equal pay claim about?
Equal pay law allows workers to bring claims where they believe they have not received equal pay for equal work or work of equal value.
The Asda claim centres on allegations that store workers, whose roles have traditionally been carried out predominantly by women, have been paid less than distribution centre workers, whose roles have historically been carried out predominantly by men.
Claimant lawyers argue that the work is of equal value and that the pay difference cannot be justified. Asda disputes the claim.
Myth: only women are affected by the claim
Although the claim focuses on allegations that predominantly female store roles have been paid less than predominantly male distribution centre roles, equal pay claims are not limited to female workers.
Men who worked in store-based roles may also have an interest in the litigation because the legal principles apply to the role being performed rather than the gender of the individual worker.
Myth: you must still work for Asda
The claim may be relevant to both current and former store workers.
Whether someone is affected will depend on their individual circumstances, employment history and any applicable time limits.
So, if you’ve moved on but were underpaid while working there, you could still be entitled to compensation.
Myth: Asda can treat workers differently for getting involved
We often get asked, “Will I lose my job if I join the Asda wage claim?”
But it is unlawful for an employer to treat someone unfairly because they have exercised their legal rights or brought an equal pay claim.
Anyone with concerns about their position should seek independent legal advice before making any decisions.
Myth: Asda has already lost the case
While claimants have achieved a number of important legal victories during the course of the litigation, the case is still ongoing.
One of the most significant developments came when the UK Supreme Court confirmed that store workers could compare their roles with distribution centre workers for the purposes of an equal pay claim.
More recently, tribunals have considered whether certain store roles are of equal value to distribution centre roles.
However, Asda continues to defend the claim and has not been found liable.
Why is the case considered significant?
The Asda litigation is widely regarded as one of the most important equal pay cases in the UK.
The outcome could have implications not only for Asda workers, but also for similar claims involving other major retailers.
Equal pay claims have also been brought against Tesco, Sainsbury’s, Morrisons and Co-op, making the issue one of the biggest employment law disputes currently affecting the retail sector.
Can workers be involved in more than one supermarket claim?
Potentially, yes. Equal pay claims are brought against individual employers. If you have worked for more than one supermarket facing an equal pay claim, you may wish to explore whether more than one claim could be relevant to your circumstances.
Each claim is assessed separately and depends on the facts of the individual case.
What happens next?
The Asda equal pay claim remains ongoing.
As with many large-scale employment disputes, the litigation involves multiple legal stages and can take time to resolve. Future hearings and judgments are expected as the case continues through the legal process.
Because the position can change as new decisions are handed down, it is important to rely on up-to-date information.
If you think the Asda equal pay claim may be relevant to you, visit our dedicated Asda equal pay claim page for the latest updates and information.
We’ll continue to monitor developments and report on any significant progress in the case.
Join the Claim connects consumers with SRA-regulated lawyers. Visit the claim page to check your eligibility if a claim is open with one of our trusted legal partners. If a group action has not yet been launched, you can register your interest and we’ll keep you informed if a partner firm decides to take a claim forward.
