Asda Stores Ltd v Brierley [2021] UKSC 10 is a UK labour law case, concerning equal pay and comparators.
Women working at Asda supermarkets claimed equal pay to men in Asda's distribution depots. To claim unequal pay, the Equality Act 2010 requires a real-life comparator. Comparators who work at another establishment must have âÂÂcommon termsâ as defined in the Equality Act 2010 section 79(4)(c), and its predecessor, the Equal Pay Act 1970 section 1(6).
The Employment Tribunal, presided over by Ryan J, held that the claimants could compare themselves to the male distribution depot workers. The Employment Appeal Tribunal (EAT) and Court of Appeal subsequently dismissed Asda's appeal.
The Supreme Court dismissed Asda's appeal. Lady Arden gave the unanimous judgment.
Lord Reed, Lord Hodge, Lord Lloyd-Jones and Lord Leggatt agreed.