Brierley and others v Asda Stores Ltd

Employment – Equal pay. Article 157 of the Treaty on the Functioning of the European Union was directly effective in a claim founded on equal pay for work of equal value. Where there was a 'single source' of pay and conditions for both the employee and comparator, a comparison between them was permitted independently of whether unequal treatment arose from legislation or collective agreements, and whether or not the employment was in the same establishment or service. Accordingly, the employees could compare themselves with their chosen comparators for the purposes of their equal pay claims and the employment judge had not erred in law. So held the Employment Appeal Tribunal in dismissing an appeal by the employer, Asda, which arose from some 7,000 equal pay claims brought by its employees.

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