Equal pay claims involving some of the UK’s biggest supermarkets have become some of the largest employment cases in British legal history.
Thousands of current and former workers from Tesco, Asda, Morrisons, Sainsbury’s and the Co-op have argued that store-based roles are being paid less than higher-paid warehouse and distribution centre roles, despite the work being of equal value.
The claims have been running for several years and continue to attract attention from workers, employers and employment lawyers alike.
What are the claims about?
The claims are based on equal pay law, under the Equality Act 2010.
Under the law, men and women are entitled to equal pay for equal work, work rated as equivalent, or work of equal value.
The workers bringing these claims argue that store-based roles, which are predominantly carried out by women, are of equal value to warehouse and distribution centre roles, which are predominantly carried out by men. They believe the difference in pay is unlawful and should be corrected.
The supermarkets dispute these claims. They argue that the roles are different and that there are lawful reasons for any differences in pay.
Where do the supermarket claims stand?
The supermarket claims remain ongoing.
Over the years, courts and tribunals have considered a number of important issues, including whether store workers can compare themselves with warehouse workers when bringing equal pay claims.
Several significant decisions have gone in favour of workers on these preliminary issues, allowing the claims to continue.
However, the central question of whether the roles are of equal value and whether any differences in pay can be justified continues to be contested.
Each supermarket case is being considered on its own facts.
One of the biggest developments in recent years has been the success of thousands of store workers in the Next equal pay litigation.
In that case, an Employment Tribunal found that store workers were entitled to equal pay with warehouse workers carrying out work of equal value. While the litigation remains ongoing, the ruling has been widely viewed as an important development in equal pay law.
The decision reinforced a key principle: jobs do not have to be identical for equal pay protections to apply.
That is particularly relevant to the supermarket claims, where workers are comparing very different roles and arguing that they make an equal contribution to their employer.
What does this mean for workers?
The ongoing litigation has helped raise awareness of equal pay rights and encouraged many workers to take a closer look at how pay is structured within their workplace.
If you currently work in a supermarket store, or have worked in one in recent years, it may be worth finding out whether an equal pay claim is already underway involving your employer.
Claims have been brought against:
- Tesco
- Asda
- Morrisons
- Sainsbury’s
- Co-op
The claims are open to both men and women. What matters is the role you performed and whether you may have been affected by the pay practices being challenged.
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.
