Supermarket workers urged to check fair pay rights as Government reviews equal pay rules

Current and former Asda, Morrisons and Sainsbury’s store workers may be able to join claims over whether they were paid fairly for work of equal value.

Equal pay is back in the news after the Government launched a consultation on how to make the equal pay system work better for workers and employers.

The consultation follows findings that many workers still face real barriers to equal pay. Some do not know what others are paid. Some do not realise different jobs can still be compared. Others struggle to get advice, are unsure of their rights or feel nervous about challenging a current employer. 

For supermarket workers, those barriers may feel very familiar. Many may not have known what warehouse or depot colleagues were paid, or that they may have been paid more. They may also not have realised that store roles on shop floors, checkouts, customer service desks, bakery counters, chilled food aisles and clothing departments could be compared with different jobs if the work was of equal value.

Consumer Voice is now working with Harcus Parker’s Fair Pay UK team to help current and former supermarket workers understand their rights and check whether they can join supermarket equal pay claims involving Asda, Morrisons and Sainsbury’s.

Nate Barber, a leading lawyer from Harcus Parker’s Fair Pay UK team, said: 

“At a time when the Government is consulting on how to make equal pay rights work better, we should be clear about what those rights mean. Equal pay is not special treatment. It is a legal protection.

“The law already allows workers to challenge pay differences where different jobs may be of equal value. These supermarket claims are about whether store workers, many of them women, were undervalued compared with warehouse and depot workers.

“If you worked in a supermarket store, you may not have known what others were paid, or that you had the right to challenge it. That is why it is worth checking where you stand.”

The supermarket equal pay claims argue that store roles, which have historically been mostly carried out by women, may have been undervalued compared with better-paid warehouse and distribution roles, which have often been mostly carried out by men.

The point is not that the jobs are exactly the same. It is whether the work may be of equal value when skill, effort, responsibility, pressure and working conditions are properly considered.

The consultation will not decide whether supermarket workers are owed money. Those claims will still have to go through the legal process. But it does shine a light on the same problem many store workers may have faced: not knowing what others were paid, not knowing what rights they had, and not knowing where to turn for help.

Find the claim for your supermarket

If you work, or have worked, in an hourly-paid store role at one of the supermarkets below, it is worth checking whether you may be eligible to join a claim. Former workers may still qualify, but time limits can apply, so checking sooner can help protect your position.

The equal pay gap store workers may never have seen

Equal pay laws exist to stop people from being paid less because of their sex where they are doing equal work. Equal work can include work that is the same or broadly similar, work that has been rated as equivalent, or work that is of equal value.

In these supermarket claims, the allegation is that store workers were paid less than depot or distribution workers even though their roles may have been worth the same when assessed fairly. Even workers who knew their own hourly rate may not have known what colleagues in depots were paid. They may also not have known that the law can allow comparisons between different types of roles if the work is of equal value.

That lack of visibility is one of the reasons why pay transparency is now part of the national debate. The Government’s call for evidence found that lack of comparable pay data, low awareness of rights and fear of retaliation can all make it harder for workers to challenge unfair pay.

Frank’s story: “We kept the stores going”

Frank Harvey worked in his local Morrisons for 14 years before retiring. He worked across the shop floor, checkouts, stock checks and deliveries, and helped keep the store running during Covid.

He said he felt angry and betrayed when he learned that store workers may have been paid less than warehouse workers. For Frank, shop floor work was difficult, important and often under pressure, particularly when dealing directly with customers and covering gaps when teams were stretched. 

Frank said: “I worked hard for Morrisons for 14 years. I believe we deserved fair pay.” 

How much could workers be owed?

No worker will have exactly the same claim. The amount depends on each worker’s own history, including where they worked, how long they worked there, how many hours they worked, their rate of pay and which depot or distribution roles their store role is compared with.

Harcus Parker says that 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, a £3 hourly gap would be £112.50 a week. That could add up to around £5,850 in one year, or around £35,100 over six years before tax and other deductions.

Claims may also seek back pay, interest where available, and additional pay for current hours worked while the claim progresses. The exact amount any worker could recover would depend on their circumstances and whether the claim succeeds.

Worried about joining while still employed?

The Government’s evidence review also found that fear of retaliation can stop people enforcing their pay rights. For current supermarket workers, feeling nervous about joining a claim is completely understandable. Nobody wants to risk their job, shifts or working relationships.

But asking whether you were paid fairly is not causing trouble. It is checking your legal rights, and workers should not be punished for doing that. It would be unlawful for an employer to treat someone badly because they have joined an equal pay claim.

Harcus Parker says it is not aware of workers being dismissed or disciplined for joining these claims. If someone believes they have been treated unfairly because of a claim, they should seek advice quickly.

Worked in-store at Asda, Morrisons or Sainsbury’s? Check your eligibility

You are not automatically included just because other workers bring a claim. If you may have been underpaid, you need to check your eligibility and decide whether you want to join.

Consumer Voice can help you understand the basics and connect you with Harcus Parker so the legal team can check your position. You will not pay anything upfront. If you sign up with Harcus Parker and your claim succeeds, Harcus Parker will take a percentage of the money recovered for you under the agreement you sign. The full fees and terms will be explained before you sign.

Consumer Voice receives a fee for introductions to Harcus Parker. This helps fund our free work supporting people and holding large organisations to account.

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.