Visit JCPCUKSC/2019/0039
•
EMPLOYMENT
Asda Stores Ltd (Appellant) v Brierley and others (Respondents)
Case summary
Case ID
UKSC/2019/0039
Parties
Appellant(s)
Asda Stores Ltd
Respondent(s)
Ms S Brierley and others
Issue
Whether employees in Asda’s retail operations are entitled to compare themselves with employees in the distribution centres so that they can rely on section 79(4)(c) of the Equality Act 2010 ("2010 Act") or, as regards the period covered by the Equal Pay Act 1970 ("1970 Act"), so that they are in the "same employment" as defined in section 1(6) of the 1970 Act.
Facts
The case concerns equal pay claims brought by supermarket employees of Asda ("Appellant"), nearly all women ("Respondents"). They are claiming equal pay with comparators employed in the distribution depots, jobs done overwhelmingly by men. A preliminary hearing took place in the Employment Tribunal to determine whether the Respondents are entitled to compare themselves for equal pay purposes with employees working in the Appellant's distribution operations. The Employment Tribunal allowed the claims to proceed on this basis. The Employment Appeals Tribunal and the Court of Appeal dismissed the Appellant’s appeals. The Appellant now appeals to the Supreme Court.
Date of issue
27 February 2019
Judgment appealed
Judgment details
Judgment date
26 March 2021
Neutral citation
[2021] UKSC 10
Judgment links
Judgment summary
26 March 2021
Appeal
Justices
Hearing dates
Full hearing
Start date
13 July 2020
End date
14 July 2020
Watch hearings
13 July 2020 - Morning session
13 July 2020 - Afternoon session
14 July 2020 - Morning session
14 July 2020 - Afternoon session
All videos on this page are recorded and transmitted in line with the Court's terms of use. These can be found here.. Please Note: Every effort is being made to provide a satisfactory streaming service of the Supreme Court judgments and hearings. However, these services may be subject to technical issues or delay, in which case we will attempt to resolve them as soon as possible.
Change log
Last updated 16 April 2024