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Equal pay: Supreme Court guidance on ‘common terms’ where comparator is at different establishment (Asda Stores v Brierley and others)

Equal pay: Supreme Court guidance on ‘common terms’ where comparator is at different establishment (Asda Stores v Brierley and others)
Published on: 13 April 2021
Published by: LexisPSL
  • Equal pay: Supreme Court guidance on ‘common terms’ where comparator is at different establishment (Asda Stores v Brierley and others)
  • What are the practical implications of this judgment?
  • Relevant law
  • Factual background and judgment of the employment tribunal
  • Background facts
  • The decision of the employment tribunal
  • Judgment of the EAT
  • Judgment of the Court of Appeal
  • What did the Supreme Court decide?
  • Common terms requirement: summary of the law
  • More...

Article summary

Employment analysis: The Supreme Court’s judgment in this long-running litigation provides definitive guidance on the proper operation of the statutory ‘common terms’ requirement which applies in equal pay claims where the chosen comparator works at a different establishment from the claimant, and sets out case management guidance for employment tribunals that are faced, at a preliminary stage, with the need to resolve whether that requirement is met. or take a trial to read the full analysis.

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