Landmark Equal Pay Claim Against NEXT
An Employment Tribunal has recently found in favour of a group of Claimants, in a high profile case against the retailer giant, NEXT.
The Employment Tribunal ruled that the Sales Consultants, who were in their majority women, should not have been paid a lower hourly rate than Warehouse Operatives, who were mostly male.
The Claimants had argued that Sales Consultants were paid between £0.40 and £3.00 less per hour than Warehouse Operatives, amounting to an average salary loss of more than £6,000.00 each and that this was contrary to the Equal Pay Act which provides for men and women to be paid the same for undertaking like work or work of equal value.
The Law
The Claimant’s in this case argued that the Sales Consultants were performing work that was of equal value to the Warehouse workers. Given that there was a significant gender disparity between these two job roles, the Employment Tribunal concluded that the pay discrepancies were unlawful, contrary to the Equal Pay Act.
The Employment Tribunal did not find that the Sales Consultants were paid less than the Warehouse Operatives due to their gender, but because NEXT was attempting to maximise profits and minimise costs and in so doing dismissed their claims of sex discrimination.
What’s next for NEXT?
NEXT has stated they intend to appeal the Employment Tribunal’s decision, and this judgement may therefore be overruled by the Employment Appeal Tribunal.
However, as it currently stands, NEXT is estimated to owe the Claimant’s £30 million worth of backpay and Sales Consultants, who were also paid less than Warehouse Operatives may look to ‘piggy-back’ on this claim.
What’s next for You?
The judgment against NEXT will have a far-reaching impact in the retail sector. If you have been paid less than another colleague who is of a different gender and who is performing the same or similar work to you or work of equal value you may have an equal pay claim.
How we can help
With offices in Leicester and Market Harborough our employment solicitors and lawyers can discuss your employment law equal pay claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.
If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.
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