In Asda Stores Ltd v Brierley and others, the Court of Appeal held that workers in Asda supermarkets are entitled to compare their pay with the pay of depot workers because common terms of employment apply.
Gender pay and equal pay are frequently confused. However, there are key differences between the two and employers need to be aware of their obligations in relation to both.
The Court of Appeal has ruled that the employment tribunal has no power to stay proceedings indefinitely for the purpose of compelling the claimants to bring a new action in the High Court.
The Supreme Court has held that the fact that the work of the claimants' chosen comparators has to be carried on in a different place of work out of necessity is no barrier to bringing an equal pay claim.
Amanda Steadman is a professional support lawyer, and Joe Beeston, Laura Garner, Helen Samuel and Dinu Suntook are associates at Addleshaw Goddard LLP. They round up the latest rulings.
In this week's case of the week, provided by DLA Piper, the European Court of Justice held that keeping differences in pay in the "interests of good industrial relations" cannot, by itself, be a sufficient justification, although can be one factor taken into account if there are other justifications.