Cases1811283/2018

Claimant v Wm Morrison Supermarkets plc

Outcome

Other

Individual claims

Equal Pay(sex)not determined

This judgment deals only with fact-finding as part of the equal value stage (stage 2). The tribunal determined factual disputes relating to whether the work of lead claimants (retail store workers) is of equal value to that of comparators in distribution centres. The tribunal has not yet ruled on the equal pay claims themselves. Independent Experts must now prepare their report on equal value, after which the tribunal will make its final determination.

Facts

This is a large-scale equal pay claim brought by numerous retail store workers at Morrison's supermarkets (café, deli, checkout, and petrol station roles) comparing their work to that of distribution centre operatives. This was the third tranche of a stage 2 equal value hearing focused on determining the factual basis for comparison. The tribunal heard detailed evidence about the job roles of four lead claimants (Ms Tucker, Mrs Williams, Ms Hoyle, Mrs Gage) and one lead comparator (Mr Rowe), resolving numerous factual disputes about job descriptions, supervision, tasks, responsibilities, and working conditions. Evidence came from 13 witnesses and covered matters such as cooking and food safety in café roles, staffing reductions, customer service, handling cash, merchandising, health and safety, technical equipment operation, and performance management.

Decision

The tribunal resolved the detailed factual disputes relating to the job descriptions of the lead claimants and comparator. The tribunal's findings on each disputed paragraph of the job descriptions are set out in five annexes. The tribunal generally preferred the claimants' evidence where credible and supported, finding that they were experienced employees better placed to describe what they actually did day-to-day. The tribunal concluded the fact-finding stage and directed that Independent Experts (appointed by ACAS) must now prepare their report assessing equal value. No final determination has yet been made on whether the claims succeed or fail.

Practical note

In large equal value claims, tribunals will undertake meticulous fact-finding about actual job content, preferring the evidence of experienced employees about what they do over managerial evidence about what should be done, and will scrutinise whether practices are tacitly approved even if not formally authorised.

Case details

Case number
1811283/2018
Decision date
7 November 2025
Hearing type
full merits
Hearing days
20
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Employment details

Role
Various retail roles including Customer Assistant – Customer Café, Customer Assistant - Deli, Checkout Team Leader, Customer Assistant – Petrol Station

Claimant representation

Represented
Yes
Rep type
barrister