Worked in an Asda store? You may be able to join a fair pay claim

You may be able to join a group legal claim if you work, or have worked, in an hourly-paid Asda store role.

The claim argues that Asda store workers may have been paid less than warehouse or depot workers for work of equal value.

We are working with Harcus Parker’ Fair Pay UK team to help current and former Asda store workers understand whether they can join the Asda fair pay claim, a legal equal pay claim about work of equal value.

Equal pay is about fairness. If store workers were paid less than they should have been, they may be able to recover pay they were entitled to receive.

The claim alleges that store roles of equal value to warehouse or depot roles were paid less despite requiring a similar level of skill, effort, responsibility, pressure and working conditions.

Check if you’re eligible to join

You could be eligible to join Harcus Parker’s Asda equal pay claim if:

Store roles may include: shop floor work, checkouts, customer service, stocking shelves, bakery, produce, chilled foods, clothing or other hourly-paid in-store roles.

Former workers may still be able to join. Leaving your job does not automatically mean you have missed out, but time limits can apply, so it is sensible to check your position as soon as you can.

What is the Asda equal pay claim about?

The Asda equal pay claim argues that store workers may have been paid less than warehouse, depot or distribution workers even though their work may have been of equal value.

Equal pay law can apply where men and women are doing work that is the same, work that has been rated as equivalent or work that is of equal value. 

In this claim, the comparison is between store roles and depot or distribution roles. Store jobs have historically been mostly done by women, while depot and warehouse jobs have often been mostly done by men. The claim argues that the store work may have been undervalued.

Store workers could have been underpaid without knowing

Many store workers did not know how much depot or warehouse workers were paid. They may also not have known that equal pay law could allow them to compare their role with a different type of job if the work was of equal value.

The legal test looks at more than job titles. It can consider things such as skill, effort, responsibility, pressure and working conditions. So a store role does not have to look identical to a depot role to be compared under equal pay law.

How much could you be owed?

The amount depends on your own work history, including where you worked, how long you worked there, how many hours you worked, your hourly rate, and which depot or warehouse role your job is compared with.

Harcus Parker says some supermarket workers may have been paid up to £3 an hour less than distribution centre workers. For someone working 37.5 hours a week, being underpaid by £3 an hour could mean around £5,850 less pay in one year, and around £35,100 over six years before tax and other deductions.

If you still work in the store, and your claim succeeds, the claim may also seek additional pay for hours you work while your claim progresses, until your employer pays the same as the relevant depot or warehouse workers or your claim is settled. It could also affect pension contributions if pension payments were based on your wages.

I still work there – could joining affect my job?

It is normal to feel nervous if you still work at the supermarket. But your employer should not punish you for standing up for your legal rights.

It would be unlawful for your employer to mistreat you because you joined an equal pay claim. Harcus Parker says it is not aware of workers being dismissed or disciplined for joining the claim.

If you ever feel you have been treated unfairly because of your claim, you should contact Harcus Parker quickly so the legal team can explain your options.

What fees will I pay and when?

You do not pay anything upfront to join. Harcus Parker is acting on a no win, no fee basis. 

If the claim succeeds, Harcus Parker’s fee of 24% plus VAT, plus an estimated maximum £150 contribution towards disbursements (case expenses), will be taken from your compensation, subject to the agreement you sign. 

If your claim does not succeed, you will not have to pay Harcus Parker’s legal fees, provided you comply with the agreement.  A fee may be payable if you cancel after the 14-day cooling-off period. Harcus Parker will never ask for your bank details by phone or message.

Before signing up, it’s worth reading our guide to no win, no fee agreements, which explains how they work, what costs may apply and what to consider. 

Who is Harcus Parker?

Harcus Parker is a litigation law firm that specialises in group claims and acts for supermarket store workers through Fair Pay UK in equal pay claims involving Asda, Morrisons and Sainsbury’s.

The firm has worked on equal pay cases since 2018 and has experience in complex group litigation. It is regulated by the Solicitors Regulation Authority.

Consumer Voice receives a fee for introductions to Harcus Parker, which helps fund our free work explaining legal claims and supporting people. Organise is working with Consumer Voice to raise awareness of this claim and is paid for this work, with some payments linked to introductions.

FAQs: Asda fair pay and equal pay claim