Asda bosses and 30,000 staff in Supreme Court fight over equal pay

ASDA BOSSES have begun a Supreme Court equal pay fight with supermarket workers, which could lead to a billion-pound payout across the sector.

More than 30,000 Asda store workers, most of whom are women, have brought equal pay claims after complaining that staff working in distribution depots unfairly get more money.

Five Supreme Court justices are considering whether Asda supermarket staff were entitled to compare themselves to distribution staff for equal pay purposes in a case which is due to end today.

Nearly four years ago, an Employment Tribunal judge decided that supermarket staff were entitled to do so. That decision was upheld by Court of Appeal judges in 2019.

Asda bosses say the roles are not comparable and want Supreme Court justices to overturn the ruling by Court of Appeal judges.

Lord Pannick QC, who is leading Asda’s legal team, said the issue was whether Leeds-based Asda’s hourly-paid retail store workers could bring equal pay claims because they were “in the same employment” as Asda’s hourly-paid distribution workers.

“Asda submits that the answer is no,” he said, in a written case outline.

Lawyers say if store staff win they could be entitled to several years’ back pay, and successful claims by around 500,000 other workers could see supermarkets owing a total of £8bn compensation.

Leigh Day lawyers, who have been instructed by the GMB union, say the workers’ fight will not end, even if Supreme Court justices rule in their favour.

The employees will still have to show that supermarket and distribution roles are of equal value, and that there is no reason other than sex discrimination for pay differences.