UK: Employment Comparators in Equal Pay Claims
The Court had to decide whether female workers in Asda’s retail stores could compare themselves with men working in separate distribution depots for the purposes of equal pay claims, on the basis they were in “comparative” employment.
The Supreme Court concluded that they were in comparative employment for these purposes, even though they are not based at the same establishment.
This decision is the conclusion of a preliminary step in the litigation. In the next stages of these claims, the tribunal must consider whether the claimants perform work of equal value to that of their comparators and if so, whether there is some other reason for the difference in pay, beyond sex discrimination.