- 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
- Implications for future case management by employment tribunals
- Case details
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.
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