Over 40,000 employees argue that they have been underpaid by hundreds of millions of pounds for providing equal work, of equal value to those working in the DC the complaint is one of gender, due to the overwhelming ratios of women to men and men to women in the respective functions.
A ‘valid comparator’ is a critical stage in establishing the basis for a successful equal pay claim and this verdict will undoubtedly reverberate around retail businesses with similar models as a potential issue. Last month in Asda Stores Ltd v Brierley & Others, the Supreme Court found that the claimants (mostly women working in supermarkets) were entitled to compare themselves for equal pay purposes with employees (mostly men) working within Asda Distribution Centres (“DC”).
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