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Employment Law

Legal guidance - compliance - software

11 JAN 2018

ASDA Stores Ltd v Brierley and others [2017] UKEAT/0011/17

ASDA Stores Ltd v Brierley and others [2017] UKEAT/0011/17
Employment Appeal Tribunal

Kerr J

31 August 2017

The Equality Act 2010 allows claimants to claim equal pay with appropriate comparators (ie who are on ‘like work’, ‘work rated as equivalent’ or ‘work of equal value’) who work at the same establishment; or who work at a different establishment and common terms of employment apply to both establishments. Under EU law, claimants can also claim equal pay with appropriate comparators where there is a ‘single source’ of terms of employment for both the claimant group and the comparator group. The ‘single source’ route to an equal pay claim is an additional route to the route set out in the Equality Act. It does not add a further requirement to the Equality Act route.


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Shop workers (mostly female) claimed equal pay with workers at distribution centres (mostly male). Since the claimants worked at different locations from the comparators, they could only pursue such claims if either common terms of employment applied at both locations (the Equality Act route) or if there was a single source of both terms. A tribunal and the EAT concluded both that common terms of employment applied and that there was a single source of both sets of terms.

The employer appealed to the Court of Appeal, challenging both these conclusions. Decisions about pay and other terms of employment were delegated by the main board to subsidiary boards. Therefore, the employer argued, there was no single source of the terms. The Court of Appeal disagreed. The main board still oversaw, and had power to influence, the terms of employment set by the subsidiary boards. Therefore there was a ‘single source’ of terms of employment. Furthermore, the two routes are alternative routes to an equal pay claim, so the claimants could have pursued their claims anyway under the ‘common terms of employment’ route.

Judgment: ASDA Stores Ltd v Brierley [2017] UKEAT 0011.rtf