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Asda equal pay claims

Leigh Day is currently bringing a claim on behalf of over 15,000 Asda store workers for equal pay.

Since the claim began in 2014, more than 15,000 Asda colleagues have registered with us, and this number is growing daily. To date, we have successfully presented thousands of claims in the Employment Tribunal and this number will increase as the claim continues. We represent both GMB members, and colleagues who are not in any union.

You can read some early coverage of this case in The Guardian.

The case is about whether colleagues in Asda stores do work of “equal value” with colleagues in the distribution centres. Asda staff based in stores claim that they are due pay equal to that of the company’s predominantly male warehouse staff, on the basis that their work is of the same value. If it is, and we can show that the reason for the difference in pay between the shops and the distribution centres is unjustified sex discrimination, then the claims will be successful. This will mean that employees in the underpaid jobs in Asda stores will be able to claim six years’ worth of back pay (five years in Scotland) to compensate for the discriminatory difference in earnings.

In 2012, Leigh Day brought a successful equal pay claim against Birmingham City Council on behalf of female employees claiming they were doing an equivalent job to their male counterparts. The Supreme Court held that the case could be heard in the High Court instead of the Employment Tribunal, thereby extending the time limit to bring the claims to six years from the six month deadline in the tribunal. Both the Asda and Sainsbury’s equal pay claims brought by Leigh Day are the first mass claims to be brought against a private sector employer since the 2012 Supreme Court ruling.

The first step in this equal pay claim was to show that the store jobs could compare themselves to the jobs in the distributions centres. Although all colleagues are employed by Asda, the company argued that as they were in different locations the equal pay claim should not be able to proceed. The claimants were successful in both the employment tribunal and employment appeal tribunal on this point (see coverage here and here).

Anyone (male or female) who is hourly paid and has worked at an Asda store in England in the last six years, or Scotland in the last five years, is entitled to bring a claim. To register an interest, please email us at or call our equal pay team on 0800 037 4045 (0800 689 3289 if you are a GMB member).

Please be assured that strong victimisation laws are in place to prevent any negative action being taken against you for bringing an equal pay claim. If you have any concerns about this, you can call 0845 037 4045 and speak to our team in confidence.

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