In a groundbreaking tribunal ruling, thousands of store staff at the retailer Next have triumphed in a six-year battle for equal pay. This decision will have significant implications not only for Next but also for UK supermarkets facing similar legal challenges.
The Employment Tribunal highlighted the disparity in pay between retail consultants, mainly women, and warehouse staff, where the gender split was more balanced. This ruling means that more than 3,500 current and former Next employees will receive back pay exceeding £30 million, according to estimates by Leigh Day, the law firm representing them. Additionally, these workers will now be entitled to equalization in existing contracts, including basic hourly pay, rest breaks, and premium payments for Sunday, night, and overtime work.
This victory at Next sets a precedent for other retailers such as Tesco, J Sainsbury, Asda, Wm Morrison, and Co-op, who are grappling with similar claims of unequal pay. Paula Lee, a partner at Leigh Day leading a claim against Tesco, expressed optimism about the ruling’s implications. However, she emphasized that each case will be decided on its merits, and the tribunal’s decision only applies to Next.
While Next plans to appeal the ruling, experts believe that they may struggle to find solid grounds for a successful appeal. Jo Keddie, head of employment at Forsters, highlighted that retailers involved in similar class actions must closely monitor the developments, especially in light of the new government’s commitment to extending equal pay protections to ethnic minority and disabled workers.
The tribunal’s decision emphasizes that employers cannot justify paying women less based on the market rate alone. The ruling reaffirms the principle that companies must provide stronger justifications for pay disparities between genders. Employers should not rely on market forces as an excuse for indirectly discriminatory practices that perpetuate unequal pay standards.
Overall, this tribunal ruling not only brings justice to the thousands of Next employees but also sets a powerful precedent for future equal pay cases in the UK. It underscores the importance of fair and equal pay practices in fostering a more equitable workplace for all employees.
