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Same supermarket – less pay?
You turn up on time, work hard, and do your job just like everyone else. So why are some roles paid more than others in the same company?
In many supermarkets across the UK, shop floor staff are paid less than warehouse or distribution workers. The jobs are different, but legal claims have argued that they may be of equal value and should therefore attract equal pay.
If that is the case, the difference in pay may not just feel unfair – it could be unlawful.
In this guide, we’ll explain what fair pay really means, how equal pay law works, and some of the signs that you may have been underpaid.
Fair pay for fair work means receiving equal pay for work that is of equal value.
It’s not just about job titles. Two jobs can look very different on paper but still be worth the same to an employer.
When deciding whether work is of equal value, factors such as skill, effort, responsibility and working conditions may all be taken into account.
For example, a shop floor assistant who deals with customers, handles stock and works under pressure may argue that their role is of equal value to a warehouse worker responsible for deliveries and manual handling.
If you and a colleague are carrying out work that is considered equal work, work rated as equivalent, or work of equal value, you may have the right to equal pay under the Equality Act 2010.
There are many reasons why workers might be paid differently. Experience, responsibilities, qualifications, or performance-based pay can all play a part. The law doesn’t ban all pay differences. But it does protect workers from certain kinds of inequality that go beyond being unfair and into being unlawful.
For example, where the difference in pay is linked to gender.
The Equality Act protects people from discrimination in the workplace based on the following nine protected characteristics:
Employers cannot usually pay someone less, deny them a bonus or exclude them from benefits because of characteristics such as their sex, race, disability, religion or sexual orientation. However, some differences in treatment are allowed by law.
These would not usually fall under an equal pay claim (which is specific to sex-based pay inequality), but they could potentially be challenged as discrimination under other provisions of the Equality Act 2010.
The legal minimum hourly rates differ by age group when it comes to the UK National Minimum Wage (NMW) and National Living Wage (NLW). So, someone aged 18 may lawfully earn less per hour than someone aged 23+, even if they do the same job. This difference is lawful because it is specifically allowed by legislation.
Nevertheless, if you are doing equal work, work rated as equivalent, or work of equal value to a colleague of the opposite sex, you usually have the right to equal pay. This protection comes from the Equality Act 2010 and applies to pay, bonuses, pension benefits and other contractual terms.
Yes. Equal pay claims can benefit men as well as women.
Take the supermarket claims as an example. In many of these cases, store workers (mostly women) are comparing their roles to warehouse workers (mostly men) and arguing that the work is of equal value and should be paid the same.
If a court or tribunal agrees, the employer may have to remove the pay inequality. That can benefit everyone in the lower-paid role, not just the women who brought the claim.
This means that men working in store roles may also be entitled to compensation if they have been affected by the same unlawful pay practices.
In many cases, what matters is the role you do and whether you have been paid less than you should have been, rather than your gender alone.
Being paid fairly for the work you do is about more than money. It is also about recognition, respect and equal treatment in the workplace.
For individuals, unequal pay can have a significant impact. It may mean earning less than colleagues doing work of equal value, making it harder to meet financial goals and creating a sense of being undervalued.
For employers, pay inequality can affect morale, employee retention and workplace culture. It can also lead to costly legal disputes and reputational damage.
The principle is simple: if the work is equal, the pay should be too.
Equal pay and the gender pay gap are often discussed together, but they are not the same thing.
Equal pay is about whether men and women receive the same pay for equal work or work of equal value. The gender pay gap looks at average earnings across an organisation or the wider economy. It measures the difference between what men and women earn overall, regardless of the jobs they do.
In the UK, Office for National Statistics figures show the gender pay gap is:
Across the UK, thousands of workers have already taken action over alleged pay inequality. Shop floor staff, cleaners, carers and high street employees have brought claims arguing that they have not been paid equally for work of equal value.
These legal challenges are not just about claiming compensation – although that is crucially important. They are also about testing whether employers have complied with equal pay laws and whether workers carrying out work of equal value have been treated fairly.
Thousands of workers from Asda, Tesco, Sainsbury’s, Morrisons and the Co-op have brought equal pay claims. They argue that shop floor roles, which are predominantly carried out by women, are of equal value to warehouse and distribution roles, which are predominantly carried out by men.
The workers bringing these claims believe they should have received the same pay as their warehouse counterparts and may be entitled to compensation if the claims succeed.
If you have worked for more than one supermarket, you may be eligible to take part in more than one equal pay claim.
Did Asda fail to pay you fairly? Stay informed and register for updates on potential UK claims.
If you currently work at a Tesco store, or worked there within the last 6 years, you may be eligible...
Could You Be Owed Equal Pay from Sainsbury’s? Have you lost money because Sainsbury’s didn’t...
Did Morrisons fail to pay you fairly? Stay informed and register for updates on potential UK claims...
Worked in a Co-op store and have been paid unfairly? Register to stay updated on potential UK claims...
Spotting potential pay inequality is not always straightforward. But there are signs to look out for. Start by asking yourself:
Is there transparency about pay rates? Are there clear pay bands or published salary ranges, or is it difficult to find out how pay is determined?
A role called "customer assistant" and one called "floor support" might sound different, but if the day-to-day work is very similar, the jobs may be comparable.
If one role is predominantly carried out by women and another is predominantly carried out by men, and one group is paid significantly more, it may be worth looking more closely at whether the roles are of equal value.
Different jobs do not have to be paid the same. However, if two roles make a similar contribution to the business and place similar demands on workers, questions may arise about whether they should attract similar pay.
Do staff receive pay increases and bonuses on a consistent basis, or do some groups appear to be treated differently?
You do not need to have all the answers to suspect something may be wrong. If pay practices seem unclear or difficult to explain, it may be worth finding out more about your rights.
One of the key questions in an equal pay claim is whether two different roles are comparable. The jobs do not need to be identical. In some cases, very different jobs can still be found to be of equal value.
A real-life example of this comes from the Next equal pay case, where store workers argued that their roles were of equal value to warehouse staff – and won at the the Employment Tribunal. In this case, a tribunal found that the work done by the women at Next stores was equal to that of warehouse operatives in terms of the demands involved.
Equal pay issues are not always obvious. Use the questions below as a starting point. Answering “yes” to one or more does not necessarily mean your employer has acted unlawfully, but it may be worth looking into your rights.
Do you know how your pay compares to others doing similar work at the company?
Are there workers elsewhere in the business who earn more than you for work that appears to be of similar value?
Does your job involve similar levels of skill, effort and responsibility as another role that is paid more?
Are people carrying out broadly similar duties under different job titles but receiving different rates of pay?
Are higher-paid roles predominantly carried out by men, while lower-paid roles are predominantly carried out by women?
Have you noticed a consistent pay gap between comparable roles in different parts of the business?
Is it difficult to find out how pay rates are set or why some roles are paid more than others?
Have you struggled to get a clear explanation for differences in pay between comparable roles?
Do you believe you may be earning less than someone doing equal work, work rated as equivalent, or work of equal value?
This checklist is intended as general guidance only and is not legal advice. Some differences in pay may be lawful and based on factors such as experience, qualifications or job responsibilities. If you are concerned about unequal pay, you may wish to seek advice from a qualified employment solicitor.
Knowing your rights is a powerful first step in challenging unfair pay. Even if you’re not sure whether your situation is unlawful, you have protections under UK employment law.
Here are some of the rights you should know about:
If you are doing equal work, work rated as equivalent, or work of equal value to a colleague of the opposite sex, you have the right to equal pay under the Equality Act 2010.
Employees are generally protected when discussing pay for the purpose of finding out whether unlawful pay differences or discrimination exist. These conversations can help workers identify potential equal pay issues.
If you believe you have been paid less than you should have been, you have the right to raise the issue with your employer and, where appropriate, seek legal advice.
Equal pay claims are subject to strict legal time limits. However, the rules can vary depending on the circumstances of the claim. If you think you may have been underpaid, it is worth checking whether an existing claim is already underway and whether you may still be eligible to take part.
If you’ve spotted something that doesn’t seem right about your pay, you don’t have to ignore it. There are practical steps you can take to understand the situation and explore your options.
Start gathering information about your role, responsibilities, pay and hours. If possible, keep copies of payslips, contracts, job descriptions and any communications about pay. These can help you understand how your pay compares to others and may be useful if you decide to seek advice.
Speaking with colleagues can help you understand whether the issue affects other people in the workplace. You may find that others have noticed similar concerns or have information that helps you build a clearer picture.
If you believe you may have been underpaid, consider seeking advice from a qualified employment solicitor or a trade union representative if you are a member. They can help you understand your rights and whether you may have grounds for a claim.
In some workplaces, equal pay concerns affect large groups of employees. As a result, there may already be an existing claim or legal action underway. If you think you may have been affected, it is worth finding out whether a claim already exists and whether you may be eligible to take part. Joining an established claim can provide access to specialist legal advice and allow workers with similar concerns to pursue the issue together.
At Join the Claim, we are spotlighting equal pay claims against some of the UK’s leading supermarkets.
If you decide to pursue an equal pay claim, a solicitor may ask you for information to help assess your situation and, where appropriate, support your case. This could include:
In many cases, solicitors can help obtain some of the evidence needed to investigate a claim
If an equal pay claim succeeds, workers may be entitled to compensation for historic underpayments. The amount will depend on the circumstances of the case, including how long the pay difference existed and the individual’s employment history.
Some claims are resolved through negotiated settlements, while others proceed to a tribunal or court for a decision. The outcome will depend on the facts of the case and the evidence available.
If you think you may have been affected by pay inequality, it is worth finding out whether an existing claim is already underway and whether you may be eligible to take part.
If this guide has struck a chord – whether you’re feeling underpaid, unsure about your rights, or just curious about how things work behind the scenes – you’re already doing something powerful: paying attention.
No one should be paid less for doing the same job. And no one should have to fight alone to be treated fairly. If something doesn’t feel right, trust yourself. Ask questions. And know that help is out there.
Because fair work deserves fair pay, and you deserve to know where you stand.
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