Employees of the UK’s biggest retailer, Tesco, have won a legal battle over equal pay. The European Court of Justice ruled that in this instance, an EU law could be relied on, resulting in a win that will impact thousands of members of staff.
The case was brought by members of the retail workforce, which is mainly comprised of women. They argued that they did not receive equal pay for equal work, when compared to employees of the distribution centres – who are predominantly male. This was regarded a breach of both EU and UK law.
This landmark case follows on from a similar battle spearheaded by Asda employees earlier in the year, where shop floor workers argued for equal pay in comparison to warehouse staff. However, the Asda claim is expected to take a number of years to resolve, due to it being based on the UK test for comparability. The Tesco employees, by contrast, cited an EU law to get a decision – using the “single source” test. This “single source” test is an EU law that means a worker’s pay can be compared to that of someone in a different establishment if there is a “single source” with the power to change their wage.
Nalders have a dedicated team of employment law specialists that are ready to offer all businesses legal advice on any employment or commercial matters. You can contact our Cornwall based solicitors, Dale Band, Gayle McDermott, Lee Middleton or Luke Smith to discuss how we could help you. Get in touch today either by filling out this contact form or by calling 01872 241414.