Right now, Tesco and Morrisons are under intense legal scrutiny as employment tribunals hear crucial stages of their long running equal pay claims. Thousands of predominantly female store workers argue they were paid less than male warehouse staff for work of equal value.
The supermarkets must now justify these pay differences through a “material factor defence,” commonly relying on market rates and role demands. Claimant lawyers argue those explanations simply mask historic undervaluation of women’s work.
With over 60,000 workers involved across both cases, the outcomes could set powerful precedents for the entire retail sector.
Why this matters
A failure to justify pay disparities could expose employers to:
Significant back pay liabilities
Increased group litigation
Reputational damage
For employees, it reinforces that long standing pay structures can be challenged, even many years after they were introduced.
For decades, women were systematically paid less than men, often because roles traditionally done by women were undervalued, overlooked, or justified by outdated assumptions about skill and worth. While the law has evolved and awareness has grown, historic inequalities still shape many modern pay structures. Today, greater transparency, legal protection and collective action mean those disparities are being challenged more than ever, making a clear shift from acceptance to accountability.
How we can help
We support both employees and employers navigating complex equal pay issues.
For employees, we advise on:
Whether roles are of equal value
Bringing and managing equal pay claims
Understanding rights, risks and potential compensation
For employers, we help by:
Reviewing pay structures and job evaluations
Identifying and reducing equal pay risk
Practical support responding to and defending equal pay claims
Equal pay claims are legally complex and early expert advice is crucial. If you are concerned about pay inequality, or want to ensure your organisation is protected, our employment team is here to help.
The initial conversation with us is free of charge and we might be able to conduct your case on a No Win, No Fee basis. All our team is extremely friendly and experienced, they’ve handled every instance of employment claim that can be made, not just locally, but nationally too. You will be in safe hands.
