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Regular updates on the equal pay claims against Asda, Morrisons, Sainsbury’s and Tesco.

Asda Hearing Update October 2018

Comparability Appeal

The Asda Equal Pay team were in the Court of Appeal last week (10 -12th October). Asda were appealing two earlier decisions which permitted store workers to compare their jobs to the work done in the depots.

We are now eagerly awaiting the judgment which we hope to receive in early 2019. Both the Employment Tribunal and the Employment Appeal Tribunal have already dismissed Asda’s argument that comparability should not be permitted and we hope that the Court of Appeal will do the same.

Claim Form Appeal (Rule 9)

From October 23rd – 25th, we will again be in the Court of Appeal for another three day hearing. This relates to Rule 9 of the Employment Tribunal Rules of Procedure.

Rule 9 allows claims to be grouped on one claim form if they are “based on the same set of facts”. The consequence of not following Rule 9 is that the employment tribunal can take a range of actions, from doing nothing to striking out the claim.

The Employment Appeal Tribunal ruled that “the same set of facts” does not include “claims made by […] claimants doing different work or jobs”. We have appealed this decision as we believe that it is too restrictive. Our position is that all of the claims are based on the same set of facts and that Asda are trying to make it as difficult as possible to bring equal pay claims against them.

If you have any questions on any of the hearings above please do not hesitate to contact a member of the team via email or phone 0800 037 4045.