Tesco and Morrisons equal pay cases face ‘pivotal moment’

Workers at the centre of equal pay claims against Tesco and Morrisons will see their cases reach a ‘pivotal’ stage this week.

So-called material factor defence hearings are to be held that will see the supermarkets face questioning over why predominantly female store workers are paid less than predominantly male distribution centre workers.

Lawyers described the hearings as a crucial moment in the equal pay process. The hearings are part of ongoing equal pay litigation being brought by Leigh Day against major UK supermarkets including Asda, Tesco, Sainsbury’s, Morrisons and Co-op, as well as the high street retailer Next.

The hearing in the claims against Morrisons is due to begin on Wednesday at at the Leeds Employment Tribunal and is scheduled to run until 22 May.

Leigh Day is representing more than 9,000 shopworkers in claims against Morrisons. The tribunal is due to hear evidence from Morrisons chief financial officer Joanna Goff, as well as group people director Clare Grainger.

Proceedings will then pause before resuming on 14 September, concluding on 30 September. 

The hearing in the claims against Tesco is scheduled to take place from Friday in Reading, on behalf of more than 60,000 shopworkers. Leigh Day represents over 17,000 workers.

The tribunal is due to hear evidence from a number of current and former senior figures at Tesco including current and former UK and ROI people directors Alison Cheung and Judith Nelson, chief people officer Emma Taylor, former UK distribution and fulfilment director Andrew Woolfenden, and former chief financial officer Alan Stewart.

In 2024, thousands of Next employees were successful in the first equal pay claim against a national retailer to reach the final legal stage. The Employment Tribunal ruled the retailer failed to show that paying their sales consultants, who are overwhelmingly women, lower hourly rates than their warehouse operatives was not sex discrimination.

A judgment in the Tesco claim is expected this autumn. Leigh Day claims a positive result for supermarket workers against Tesco – the largest supermarket employer in the UK – would have a significant ripple effect across the wider supermarket equal pay claims. 

“These hearings are a defining moment in the equal pay claims against Tesco,” said Leigh Day employment partner Paula Lee, representing Tesco workers. “After years of litigation, the company must now explain why thousands of predominantly female store workers continue to be paid less than their counterparts in distribution roles.

“Tesco is expected to rely heavily on so-called ‘market rates’, but this raises serious questions about whether those markets were shaped in ways that undervalue women’s work. Our clients believe there is no fair or lawful justification for the difference in pay.”

Fellow Leigh Day employment partner Emma Satyamurti, representing Morrisons workers, said: “The material factor defence stage is where Morrisons must justify its pay practices in detail. It is not enough to point to historic or market-based reasons if those factors ultimately perpetuate inequality.

“These hearings are critical for our clients, who have been fighting for years for recognition that their work is of equal value and should be paid equally. The outcome will be hugely important not just for Morrisons workers, but for retail employees across the UK.”