TESCO EQUAL PAY CLAIM: THE STORY SO FAR

A Landmark Legal Challenge for Workplace Equality

The Tesco Equal Pay claim is a landmark legal battle aimed at holding the supermarket giant accountable for allegedly underpaying its store staff for decades.  

The mission is to challenge the longstanding pay difference between store roles (often filled by women) and distribution role (typically occupied by men and typically better paid). This claim argues that both types of work are of equal value, and the existing pay gap is unfair.  

Whilst the goal of equal pay is clear, the journey to this point has been anything but simple. As the driving force behind the claim, we – the Tesco Action Group committee – will take you through the story so far based on our experiences.  

If you’re a current or former Tesco employee, we invite you to join us in this landmark case. Your voice matters, and together we can pave the way for a more equitable future in the workplace. Visit our website or reach out to our team to join the effort.

Building a movement from the ground up

The Tesco Action Group committee was formed in 2018. The committee comprises long-serving former Tesco workers and claimants from Scotland, Wales and England. They are all volunteers.

That same year, we filed the first claims in the Employment Tribunal and the High Court. One of the first claims was brought by Isobel Lodwick, a former committee member, whose great-grandmother was a suffragette who chained herself to Glasgow’s Govan Town Hall in protest that only men could vote.

Navigating the legal terrain

In 2019, we obtained an order that the claims would be heard in the Employment Tribunal rather than the High Court. The financial stakes in the Employment Tribunal are much lower than in the High Court, where the loser typically pays the winner’s legal fees. Importantly, we can still bring new claims in the High Court, they’ll just be automatically paused (waiting on what happens in the Tribunal).

Breaking new ground

Since there is very little information available publicly about how much Tesco pays its distribution workers and what work they do, we had to seek answers from Tesco.

In 2020, we secured a crucial disclosure order, forcing Tesco to reveal the pay and work structures within their distribution centres. Tesco attempted to appeal this order but was ultimately unsuccessful.  

This information was vital for identifying suitable comparators to strengthen our case.

European ruling

In 2021, our case gained international attention when we won a landmark ruling from the Court of Justice of the European Union. This decision confirmed that we could compare store and warehouse jobs.

Stepping up

In 2022, three members of the action group stepped up to serve as sample claimants. They invested significant amounts of their own time in helping the legal team to craft detailed job descriptions for in-store roles.

Our sample claimants stood their ground, enduring tough interviews with Tesco's lawyers who (in our view) tried consistently to downplay the importance of their roles as store employees.  

The claimants demonstrated incredible resilience throughout this arduous process.

A crucial turning point

From March to May 2023, the litigation entered a critical phase as our sample claimants provided evidence in a ‘Stage Two’ hearing. This hearing zeroed in on disputes over job descriptions, with Tesco’s barristers rigorously cross-examining our clients.

Despite the intense scrutiny, our sample claimants held their ground with grace and confidence, bolstered by an outpouring of support from other claimants who sent messages of encouragement throughout this challenging time.

In July 2023, the Tribunal issued an initial judgement that criticised Tesco's evidence, particularly their statistics.

As the year progressed, we faced another pivotal moment in November. Tesco pushed for additional test cases, a move that would have delayed a final decision significantly, possibly by years. However, the Tribunal ruled in our favour, allowing the first sample claimants' cases to proceed to a final hearing. This decision was a significant step forward in our pursuit of justice for the claimants.

Where are we now?

At the beginning of 2024, the Tribunal made a crucial case management ruling, deciding to proceed with a defence hearing in 2025. The Employment Appeal Tribunal upheld this decision, emphasising the pressing need to resolve the equal pay litigation without further delay.

We received a detailed Stage 2 judgment in July 2024. With detailed findings from the Stage Two hearing in hand, the next crucial step is for independent experts appointed by the Advisory, Conciliation and Arbitration Service (ACAS) to review the job descriptions. These experts will evaluate the jobs in question to assist the Tribunal, bringing us one step closer to a final resolution.

Claimants aren’t just holding Tesco to account; there are pay claims underway against Morrisons, Asda, and Sainsbury’s. Of the four cases, we understand that the furthest advanced is Asda where media reports suggest that the claimants have established that their jobs may be compared to those of their warehouse or depot colleagues and that at least some jobs are equal value.

Most recently, we are encouraged to see that – after a six-year battle – staff at Next have succeeded with their equal pay claim.

The outcome of this employment tribunal is incredibly significant and bodes well for other equal pay claims. Congratulations to them - we hope that we will not be far behind!

Looking to the future

The Tesco Equal Pay claim is far more than a legal battle; it’s a fight for fairness, dignity, and equality in the workplace. At its core, this case is about ensuring that every worker, regardless of gender, is compensated fairly for the work they do.

As we continue to navigate the complexities of this case, we’re not losing sight of what’s at stake: the opportunity to set a precedent that could change the landscape of workplace equality for good. Success is within reach - other supermarket claims have already seen positive outcomes, and we believe we’re close to achieving the same. This is a historic pursuit of equal pay, and we want as many voices as possible to join us on this journey.

By coming together, we have the power to make a real difference, not just for those involved in this case, but for future generations of workers who will benefit from the standards we set today.

If you work or have worked at Tesco, join us in fighting for equal pay.

‍