The subject of equal pay has returned to the top of the news lately. New Prime Minister Theresa May spoke of her desire to make progress on the issue upon taking office

Little surprise then that there is significant interest – from employers and lawyers alike – in a major equal pay case currently progressing through the courts. In Asda v Brierley, over 7,000 - mostly female employees - brought equal pay claims against the supermarket Asda.

The case - described by Lord Falconer QC, counsel for the supermarket and a former Lord Chancellor, as "by far the most important, complex and financially significant equal pay claim ever pursued in the private sector" - has already reached the Court of Appeal on a preliminary issue. The case highlights the increasing focus on equal pay in the private sector.

The claimants work in hourly paid jobs in the supermarket's retail stores. They claim that the work they do is of equal value to work undertaken - overwhelmingly by men - in Asda's distribution depots. They claim that despite being of equal value, they are paid less than those working in distribution, and that this amounts to a breach of the equal pay clauses of the Equality Act 2010.

Equal pay issues in the private sector rank high on the list of concerns of many employers with large work forces, particularly those involved in low paid sectors such as care and security. The focus on this area is increasing with the introduction of the gender pay gap regulations.

The Asda case is unlikely to be a one off, and further equal pay litigation against private employers should be expected. We are aware of other cases in the local tribunal involving some of our clients. With this in mind, employers should act proactively by undertaking an audit of their staff, the roles undertaken and pay, reviewing the results, considering the reasons for any discrepancies that are found and whether those reasons are potentially discriminatory or can be justified as well as addressing any risks that are identified. In standard cases claims can go back six years from the date of the claim.

This publication is for guidance only. We would always recommend that you take legal advice on your particular circumstances.

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