Zarah ChoudharyThe Employment Tribunal has ruled that 12 out of 14 Asda retail roles have established equal value with one or more of their male comparators in the company’s distribution centres.
The ruling means that Asda shop floor workers have now won two out of the three key stages in their equal pay claim, with the case now moving to the final stage.
Lauren Lougheed, partner at Leigh Day, said: “This is a significant step for the thousands of Asda store workers who have established equal value.
“Our clients have fought for over ten years to achieve recognition of the value of their work, and I am so pleased for them.
“We hope that Asda will now focus on resolving their cases quickly, rather than prolonging the process.”
The claim, backed by GMB Union and law firm Leigh Day, argued that Asda’s predominantly female retail workforce is paid up to £3.74 per hour less than the predominantly male distribution centre staff.
The tribunal’s ruling applies to the period between August 2008 and June 2014, covering roles including checkout operators, shop floor assistants across multiple departments, warehouse workers, service hosts, and customer service desk staff.
However, two roles – personal shopper and shop floor assistant in edible grocery – were not found to be of equal value.
Leigh Day is considering an appeal on this part of the ruling.
Linda Wong, partner at Leigh Day, said: “Our clients have always believed that the work carried out on the shop floor is of equal value to the work done in Asda’s distribution centres.
“The tribunal has now confirmed that many of their roles are, in fact, equal.
“We know Asda has publicly cited financial pressures in the past as a reason for resisting these claims.
“However, the company’s recent financial reports paint a different picture, showing that it remains a profitable business capable of addressing pay disparities without significant hardship.
“It must not be forgotten that the people working on the shop floor are the lifeblood of their business and without them Asda would not be making any money at all.”
Asda, however, disputed GMB and Leigh Day’s interpretation, stating that the tribunal described the findings as a “mixed picture” and that only one role – section leader – was explicitly confirmed as equal in value.
The company also noted that 20% of claims were struck out, affecting around 11,000 workers.
A spokesperson from Asda said: “We strongly reject any claim that Asda’s pay rates are discriminatory.
“Asda will continue to defend these claims at the next stage of the litigation because retail and distribution are two different industry sectors that have their own market rates and distinct pay structures.”
The case has now moved to the Material Factor Defence stage, where Asda will argue that pay differences are justified by factors such as geography and market forces.
The case is expected to continue until at least 2026 or 2027.
Nadine Houghton, national officer at GMB, said: “This is a historic step towards securing equal pay justice for tens of thousands of Asda workers, but it is tainted with bitter disappointment for those who now face an appeal.
“These women have been fighting for what they are owed for more than ten years and are close to ending the era of retailers systematically undervaluing women.
“It’s telling many of the roles judged to be of equal value are the traditional shop floor roles women have held in retail for so long.
“It’s a crushing blow that some roles were not considered of equal value, and we will be discussing next steps, including the possibility of an appeal.
“GMB now calls on Asda to stop wasting time and money dragging this case through the courts and get round the table with us to agree a settlement.”
If successful, individual claimants could receive up to £20,000 each, with the total claim estimated at £1.2bn.
The legal battle, which began in 2014, is the largest private sector equal pay case in UK history.
Leigh Day is also representing over 37,000 workers in similar claims against Tesco, Sainsbury’s, Morrisons, and the Co-op.
