Insights / News
Insights / News
Following a three-week hearing in May 2024, the Employment Tribunal rejected the Respondents’ argument that paying comparators who worked in majority male warehouses a better hourly rate and better allowances than individuals who worked in retail (who are overwhelmingly female) due to market forces was a proportionate means of meeting a legitimate aim.
The judgment means that the equal terms clauses implied into retail workers contracts are effective. Accordingly, thousands of individuals will be entitled to recover arrears of pay from 2012 to date.
The claim is the first of a number retail equal pay cases to reach the material factor defence stage.
Andrew Short KC and Gus Baker represented the successful Claimants, instructed by Elizabeth George and Natasha Sherry of Leigh Day.
Read the full judgment here.
The case has also been covered widely in national press including BBC and the Retail Gazette.
Andrew Short KC’s practice centres on pensions and employment. His “practical” and “realistic” approach together with his “great understanding of the commercial issues in a case” makes his strategic advice and his advocacy highly sought after by his clients, whether they are national or international companies or organisations, public bodies, trustees, trade unions or individuals.
Andrew is also acting on behalf of thousands of claimants in relation to equal pay claims against Asda and Sainsbury’s.
Gus Baker’s practice focuses on employment, pensions, commercial litigation (including arbitration) and professional negligence disputes arising from his core practice areas.
Gus’ clients include Premier League football clubs, FTSE 100 companies and high net worth individuals occupying senior management roles.
Gus is recommended by Chambers and Partners and Legal 500 which notes he is, “a junior who makes complex arguments with ease, and always comes up with creative solutions – a lateral thinker”.
To find out more about Andrew or Gus, contact Nick Levett +44 (0)20 7427 4908 or Mark Gardner +44 (0)20 7427 4909.
News 27 Aug, 2024