The Court of Appeal has upheld an Employment Appeal Tribunal (EAT) ruling that Asda shop-floor workers, who are mostly female, can compare their role with higher-paid warehouse staff, who are mostly male.
The decision is significant as it represents the first step in a pay discrimination dispute that could signal claims from thousands of workers against the supermarket. Similar cases have been raised against Morrisons, Sainsbury's and Tesco, which could result in a total cost to the 'big four' supermarkets of £8 billion.
The ruling that the claimants’ jobs can be regarded as comparable for the purposes of the case also means they could choose to band their claims together under a single submission.
Linda Wong of law firm Leigh Day, which represents around 30,000 employees of the big four supermarkets, said: “Our clients are obviously delighted to have won this major victory against Asda.”
A spokesperson for Asda said: “We are obviously disappointed with the decision, which relates to a preliminary issue of whether jobs in different parts of the business can be compared.
“Asda brought this appeal because it involved complex legal issues which have never been fully tested in the private sector and we will continue to ensure this case is given the legal scrutiny it deserves. We remain confident in our case."
