Morrisons workers overcome latest hurdle in battle for equal pay

The mainly female workers are claiming equal pay for jobs of equal value when compared to their predominantly male colleagues in Morrisons’ distribution centres. In November and December 2024, the final Stage 2 Equal Value hearings were held at the Leeds Employment Tribunal. The purpose was to determine which information would be included in the job descriptions of female shop workers and male comparators working in distribution.

The finalised job descriptions form part of a wider assessment that includes several claimant roles and comparators. Independent experts will use these descriptions to carry out a scoring exercise for both retail and distribution roles. This exercise will help determine whether the work carried out by hourly-paid shop workers is of equal value to the roles in the distribution centres. The female workers' job descriptions represent a larger group of over 7,500 claimants, all represented by Leigh Day.

Under the Equality Act 2010, even if two jobs are not identical, they can still be equal in terms of the demands placed on workers, such as skill, effort, and decision-making. The Morrisons claimants have already secured a favourable outcome in areas such as customer service, judgement, and experience. Now, independent experts will assess the roles based on other factors such as knowledge, experience, responsibility, stress levels, problem-solving, and working conditions.

Emma Satyamurti, partner and joint head of employment at Leigh Day, commented on the significance of the ruling, stating that it marks a crucial step forward in achieving pay equality for Morrisons shop workers. She emphasised that the comprehensive and accurate job descriptions will enable experts to conduct a robust assessment of the roles. This development brings the claimants closer to obtaining the recognition and fairness they deserve for their essential work.

The legal process is still ongoing, with the next stage focusing on whether the roles are of equal value. If successful, the claimants could see a well-deserved pay rise and compensation, potentially covering up to six years of back pay. Additionally, other equal pay judgments related to major retailers, such as Asda and Sainsbury’s, are expected to be handed down this month.

The claim against Morrisons began in 2018, arguing that shop workers, mainly women, are paid less than their male counterparts in distribution centres, which constitutes a violation of equal pay laws. If the claim succeeds, it could lead to significant improvements in pay and compensation for Morrisons shop workers.

The equal pay claim process involves three stages:

1. Comparability: In 2021, the Employment Tribunal ruled that the roles of shop workers could be compared to distribution centre workers.
2. Equal Value: The recent hearings have finalised job descriptions that will be used in the next stage to determine if the roles are of equal value.
3. Material Factor Defence: If the roles are deemed of equal value, Morrisons will need to demonstrate that the pay disparity is due to a factor unrelated to sex.

This landmark case continues to unfold, with the potential to bring about significant change for the workers involved.