Comparators May Work in Different Establishments in UK
Friday, April 9, 2021 The Supreme Court of the United Kingdom has held in Asda Stores Ltd v. Brierley and others that Asda supermarket retail employees can appoint Asda depot workers as their comparators in an equal pay claim despite their working in different ‘establishments’ of the business. When bringing an equal pay claim, claimants must choose a valid comparator of the opposite sex who is employed in ‘the same employment’. In this case, the question for the Supreme Court was whether the predominantly female store-based claimants were entitled to choose as comparators...