Asda workers advance to the final stage of their equal pay battle

The tribunal determined that some shop floor jobs are of equal value to roles in Asda’s distribution centres.

The tribunal ruled in favour of 12 out of 14 lead claimants representing store workers. It confirmed that their roles are of equal value to those of male comparators for the period between August 2008 and June 2014. This decision means that tens of thousands of Asda shop floor workers have won two out of the three stages of their equal pay claim, confirming that their roles are comparable and of equal value. The next stage requires Asda to justify the pay difference with a reason unrelated to sex.

Leigh Day, representing more than 60,000 workers in the claim, expressed disappointment over the tribunal’s decision that two roles, Personal Shopper and Shop Floor Assistant (Edible Grocery), were not deemed of equal value. The firm is considering its options, including a potential appeal. The claim, launched in 2014, challenges whether shop floor workers, primarily women, are paid less than predominantly male distribution workers in violation of equal pay laws. If successful, individual claims could be worth around £20,000.

This case is the largest private sector equal pay claim in the UK and will now progress to the final stage. Asda must demonstrate that the pay disparity is not based on sex. Lawyers will also apply the tribunal’s findings to other claimant job roles not covered by the 14 lead claimants.

Other retailers have faced similar claims. Last year, NEXT workers won their equal pay case when the Employment Tribunal ruled that the company had failed to justify pay differences between warehouse and shop floor workers. Leigh Day is also handling claims against Tesco, Sainsbury’s, Morrisons, and the Co-op, which are at various legal stages.

Asda employs over 127,000 shop floor workers across its 1,200 UK stores, with the number of claimants increasing weekly. If successful, the compensation value could reach £1.2 billion. The claimants are represented by Leigh Day partners Lauren Lougheed and Linda Wong.

Lauren Lougheed said Asda store workers have fought for over ten years to achieve recognition of the value of their work and she is pleased for them. She hopes Asda will now focus on resolving the cases quickly rather than prolonging the process. She acknowledged that the ruling is disappointing for clients whose roles were not found to be of equal value and that next steps will be discussed. Equal pay is a fundamental right, and this decision brings store workers closer to fair treatment and equal pay.

Linda Wong stated that Asda shop floor workers have always believed their work is of equal value to that of distribution workers and the tribunal has confirmed that many of their roles are indeed equal. She pointed out that Asda has previously cited financial pressures as a reason for resisting these claims, yet recent financial reports indicate the company remains profitable. She emphasised that store workers are essential to Asda’s success and deserve fair pay.

Nadine Houghton, GMB National Officer, called the ruling a historic step towards securing equal pay justice for thousands of Asda workers. However, she noted the disappointment for those who may face an appeal. She stated that these workers have been fighting for over a decade to end the era of retailers undervaluing women and that many of the roles deemed of equal value are traditionally held by women in retail. She urged Asda to stop wasting time and money on litigation and instead negotiate a fair settlement.