Their average salary loss is more than 6,000. In January 2019, the Court of Appeal ruled thatGMBmemberscould comparethemselves in this way upholding the rulings made by an employment tribunal in 2016 and the Employment Appeal Tribunal in 2017. Distribution and retail workers are now in short supply, and more than any other time, it makes sense to ensure your loyal colleagues feel secure and valued. You will be aware of the recent announcements by ASDA on a number of proposed redundancies. You cannot be sent to work in another store if you refuse to take part in the voluntary trial and you can not be forced to take part in the trial in your store. However, our home shopping drivers are having to drive for 7 to 8 hours in vans without any form of air conditioning. Asda have, at this stage, said that cleaning will fall within the 'Service' job family, under the 'Our Asda Colleague Contract' this means that former Asda Aces can be directed to work in a customer facing role, but likewise existing Asda staff can be directed to work in a cleaning role. Frontline staff dont need more clapping ora badge they need a proper pay increase, We're campaigning to fix social care, organising for betterpay & conditionsand fighting for full sick pay. GMB has enlisted law firm Leigh Day to work the case on behalf of GMB members and the Supreme Court ruling is another major step forward in getting pay justice for thousands of our members. If the shop workers win their claim, Next will need to update its salary policy to ensure it adheres to the Equality Act 2010. We have to stop them cutting sick pay. Q3. I wanted to update you on the position we have agreed with Asda regarding BH working arrangements. You will be invited to three 'one to one' meetings with the Asda 'Customer Trading Managers' -you will have the right to GMB representation during these meetings. This is the fourth occasion that Asda has lost a court battle onthis issue. Join the Claim; Morrisons Equal Pay. From pies to yoghurts to Welsh cakes and whisky and gin to wash it all down, youll find everything you need to celebrate the wondrous legend of St David. If we eventually win, how much back pay will I be entitled to? The proposal is to move from the current 10pm Start - 6am Finish model and move to either a 19:00 00:00 or 20:00 01:00. If you use these trolleys, please join the meeting. I completed my claim form ages ago - what's taking so long?! As the roles have been found to be comparable the Employment Tribunal now has to decide whether they are of equal value and, if they are, is there a reason other than sex discrimination as to why the roles should not be paid equally. Itwill be up to the courttodecide whether they arecomparable jobs. Therulingmeansshop floorstaffat Asda can be compared to workers in the distribution centre for the purposes oftheirequal payclaim. Asdaare now asking these colleagues to change their shift start time by up to 12 hours. If you are already a member of GMB and haven't yet enquired about an equal pay claim then please contact your GMB store rep or GMB Regional Office who will provide you with information about how you do that. If you have any concerns about this, you can call 0203 7800 479 and speak to our team in confidence, or email nextequalpay@leighday.co.uk. The court upheld an earlier court ruling that lower-paid shop staff, who are mostly women, can compare themselves with higher paid warehouse workers, who are mostly men. It is a slap across the face for long serving skilled colleagues and does nothing for the future success of ASDA. The GMB will be consulted to ensure the scoring cannot be done in a way that is discriminatory. The. The impact of these changes is that, with the removal of the night allowance, a night colleague could see their pay reduced by as much as 300 - 500 a month, if they were to accept moving from night hours to the new 'twilight' hours. The was Asdas final chance to argue that the roles are not comparable and the decision means that you have won the first stage of your equal pay claim. Do not go into a meeting with management regarding the flexibility clause unless you have a GMB representative to accompany you. Checkout screens have been fitted and modifications to kiosk screens are in the pipeline and other types of screens are being trialled. If you have any concerns about this, you can call020 3780 0410and speak to our team in confidence,or emailmorrisonsequalpay@leighday.co.uk. If you are asked to work and are not able to please contact your GMB rep or regional office. On 28 September, we updated you on the financial strategy aimed at securing funds to allow us to settle outstanding equal pay claims. We are defending these claims because the pay in our stores and distribution centres is the same for colleagues doing the same jobs regardless of their gender. The staff working in the stores are mostly women and the staff working in the distribution centres are mostly men. To date, we have successfully presented thousands of claims in the Employment Tribunal and this number will increase as the claim continuesThe case is about whether Sainsburysshop floorsworks do work of equal value with their colleagues in the distribution centres. We are providing Asda with providing from our members, highlighting that the hours are extremely unsociable and could impact negatively on family life. GMB Union operates nationally and also locally through 7 regional offices. Lauren Lougheed, a Leigh Day lawyer representing Asda store staff, said: "We are delighted that our clients have cleared such a big hurdle in their fight for equal pay. It is unlawful for Next to sack you or discriminate against you for joining Equal Pay Now. Asda have told us that anyone waiting for a thank you payment of under 60 will get this paid on Tuesday, anyone with a thank you payment owed over 60 should get this as a bank transfer today. The case involves thousands of retail workers, mostly women, many of . Wage errors are still not where they need to be but there is a direct link between the work the GMB has been doing on this and the errors coming down, as you can see from the graph below. We will continue to do everything we can to hold Asda to account. Q2. Call020 3780 0410or emailmorrisonsequalpay@leighday.co.uk. I'm not on the claim so why should I care about Equal Pay? Ensuring that social distancing measures are working and if theyre not, raising issues with managers and getting improvements implemented. Find out more about the unions' 130 year history, GMB membership offers plenty of extrabenefits, GMB's structures, rules and all things Congress. We have managed to get this payment extended to 12 months but this still falls short of what our bakers deserve. We will provide you with a further update as soon as we can. "It's not much to ask to be paid an equal wage for work of equal value.". Shadow Chancellor, Rachel Reeves, met with ASDA Reps last month, where they shared harrowing stories of members up and down the country who as a result of wage errors could not afford to feed their families or pay their bills. GMB highlighted to ASDA that our members had not received the full training relating to the use of these trolleys. ASDA now has one more chance of defending itself against the claims in the Supreme Court. We would like to update you on our involvement, and we would like to hear your feedback. ASDA have accepted there has been a training shortfall and are working to ensure all colleagues are correctly trained to use this equipment safely prior to use. Below are a few additional Q&A's to assist you: The colleagues shift from 10-2 will need to be removed and the new shift of 5-9 will need to be entered into Customer First. However, it is still our firm belief that pay should be improved across all colleague areas within ASDA Retail. The equal value part of the claim is already underway, and the next Employment Tribunal hearing will take place on 23rd June to 2nd July. If it is shown that the work between store workers and their counterparts working inwarehouses and distribution centresis of equal value, and we can show that the reason for the difference in pay is due to their gender and cant be justified, then the equal pay claims will be successful. For a better understanding of what reasonable changes mean for you, and to learn more about many of the other guarantees you have regarding the flexible clause, please speak with your local GMB Shop Steward, or contact your regional GMB office for support and advice. Colleagues can enter their store numbers onto the site and it will give them their specific opening hours. Asdas response to this ruling is below: This ruling relates to one stage of a complex case that is likely to take several years to reach a conclusion. We are not finished and as you can seethere is more work to be done. Home Shopping Drivers- Working in Extreme Weather. This, on top of the sale and leaseback of the distribution centres, compounds uncertainty about the future stability of our members employment. Asda has now ended these trials and are not intending to continue with these incentives. The GMB has requested a copy of the 'time and motion' study used to determine the allocation of hours for cleaning tasks and we are keen to understand how the current City cleaning model differs from the proposed Asda model. GMB members rightly believe that women in the stores who do work of equal value to men in the distribution depots should be paid the same. Nadine Houghton (GMB National Officer) and the GMB National Reps team. VideoAt the crash site of 'no hope' - BBC reporter in Greece, How fake copyright complaints are muzzling journalists, How 10% of Nigerian registered voters delivered victory, Sake brewers toast big rise in global sales, The Indian-American CEO who wants to be US president, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip. You can sign the petition and find out more about the campaign here:www.gmb.org.uk/Asda-equal-pay-audit-pledge. Walmart recently revealed in US regulatory filings that it had indemnified the buyers of Asda TDR and the Issa brothers against an undisclosed portion of any financial settlement arising from. Currently, there are now over 400 Claimant's in the group action. This includes talking about giving colleagues masks and/or visors. If you would like to register your interest in the webinar, please get in touch with us using the contact details provided above. Remember! If you have worked at a Morrisons store in England, Wales or Scotland in the last six years, and you are or were paid on an hourly basis then you could join this claim. The legal test for comparability is only the first of three stages within Asda's overall pay claim, which is expected to take several years to conclude. The Supreme Court today delivered its judgment on a fundamental legal issue in the multiple equal pay claims brought by Asda employees. As a result, a meeting between the Shadow Chancellor, GMB representatives and ASDA management is scheduled for the first week of August to try and get the company to meet GMB's key demands, including a complete overhaul of the payroll system. Scroll down for other noticeboard updates, GMB launches campaign for a pay rise in 2023. The lawyers acting on behalf of GMB members in the case expect to be able to share the reports with claimants after the 6thFebruary. Join the Claim; Tesco Equal Pay. If so, drop me a Whatsapp or text on 07714239227 or better still speak to your workplace rep or regional officer. As always, any questions or issues, please speak to your local reps or regional officer. ASDA, unlike much of the Retail Sector, has been able to continue trading throughout the pandemic and continue to make significant profits. Politicians across the country have been getting behind ASDA colleagues, with Members of Scottish Parliament calling on ASDA to sort out the issues with SD Worx. You will not be entitled to back pay BUT Asda will have to put their pay structure right moving forward. Read about our approach to external linking. An Asda People Director in 2011 is quoted as saying: "The retail colleague demographic is made up of predominantly part time females who are working at Asda for a secondary income to support the main household bread winner The Full time bread winners are a minority group of colleagues. At 9.45am this morning (Friday, 26 March) the Supreme Court handed down judgment in relation to Asdas appeal of the comparability decision and we are pleased to confirm that you won. Asda have said that stores will open at 5pm, however a skeleton staff will be required, as will a night team, with double time being offered for all hours worked. Youshould be able to request a role in store where there is air conditioning if an air conditioned van is unavailable. "It would be difficult to underestimate the significance of this judgment which will send shockwaves far beyond Asda," said Anne Pritam, partner and employment lawyer at Stephenson Harwood. 25,000 GMB members are currently suing Asda for Equal Pay. Closing date of survey is 7th June 2020. The Supreme Court has ruled that a group of predominantly female retail employees could compare themselves with a group of mainly male warehouse employees for the purposes of bringing an equal pay claim against Asda (Asda Stores Ltd v Brierley and others). If you are being forced to significantly change your shift against your will, you also need to raise this as a grievance with Asdaand contact your GMB representative to ensure we can provide the representation and see that you are treated fairly and justly. With the proposed closures of both Heston and Dartford Home Shopping Centres affecting 789 colleagues and the reorganisation of stores and the back office affecting 3211 colleagues, the GMB have begun 45 days consultation with ASDA on these proposals and we will be engaging with members throughout this period. "Already an employment tribunal, the employment appeal tribunal and the Court of Appeal ruled that these roles can be compared, and now the Supreme Court has come to the same conclusion. The safety and well-being of colleagues comes first, this is not business as usual. We represent over 500,000 working people. Join The Claim. Asda has responded to criticism from the GMB Union after the supermarket failed to raise pay for workers in line with other 'Big 4' retailers. The reports are confidential and cannot be shared with anyone who is not part of the case. Last week, Asda's appeal in relation to an equal pay case was brought forward by 40,000 shop floor workers was dismissed by five Supreme Court judges. It comes as rival grocer Sainsbury's announced this week that its workers will now be paid at least 11 an hour from next month. A retail giant is the latest to defend equal pay claims, after similar battles were faced by other rival supermarkets last year. I'm looking forward to working with you and hope we can begin the relationship in an open and constructive fashion. You told us that wage errors were impacting negatively on your mental health, some of you even told us that you dreaded pay day. Over 13,000 Jubilee thank you payments have not been paid this pay day. We still have a long way to go, but by working together we are starting to see improvements. Could you complete the following online feedback form to give GMB your views or concerns regarding the New Ambient Trolley? Following months of campaigning activity by GMB Union Reps I am very pleased to say that, for now, the GMB campaign to bring down wage errors in Asda is showing results. As always though, the proof is in the pudding, it is your feedback that shapes the direction of your union's campaigns - so please continue to tell us how you feel. To find out more about other supermarket equal pay claims that we are running visit ourequal pay claims page. However, given that Next has over 25,000 store staff working in around 500 retail outlets across the country, Next could potentially be facing claims for back pay worth over 100 million. Should you wish to instruct Leigh Day to represent you in this claim, please visit our dedicated equal pay websiteEqual Pay Nowandfill out a short formor contact us attescoequalpay@leighday.co.ukor on 0800 689 0570. Watch the video update here: https://youtu.be/Z2UmmJU2Cr8. An equal pay audit compares the pay of men and women doing equal work in an organisation, doing an audit would demonstrate Asda's commitment to removing unfair pay practices. Asda store workers argued they were paid less because most store workers are women, while most distribution depot staff are men. Asda have announced proposals to potentially cut over 4,000 jobs as part of changes to their night replenishment process. Thank you for all our members who have told us their views which have been passed on through the consultation to ASDA. We believe the Big Five supermarkets and other retailers have wrongly deemed the roles of warehouse workers more taxing than those working in store fronts. "We now call on Asda to sit down with us to reach agreement on the back pay owed to our members - which could run to hundreds of millions of pounds.". As you would expect, the GMB has huge concerns about the changes. GMBhasmany Asda Ace members in CITY, and we will be fighting to ensure that there are as few redundancies as possible by redeploying into roles within Asda stores. We are encouraging all GMB members to complete the GMB COVID 19 PPE Survey. If you have any further concerns or questions, please ask you GMB Rep. GMB members in ASDA that have not yet enquired about an equal pay claim should contact their GMB store rep or GMB Regional Office who will provide you with information about how you do that. The GMB is launching a petition calling on Asda to carry out an Equal Pay Audit in partnership with the GMB. The GMB stance on these proposals is that only those members that wish to leave ASDA should take redundancy and all others should be offered a suitable alternative position that fits in with their requirements and social responsibilities. There is also proposed to be a reduction in tasks, such as reduced cleaning of the trolley bays, less frequent floor cleaning per week, reduced cleaning of areas such as bakery, and reduction in the cleaning of colleague areas such as offices, training rooms etc. A detectorist who found a bronze Celtic artefact of a nude figure with a hinged phallus in its right hand hopes to sell the item at auction to pay for a holiday. The case then went to the Court of Appeal, which in 2019 also ruled that Asda store workers can compare themselves to warehouse staff for equal pay purposes. By Sarah O'Grady 12:54, Tue, Jul 14, 2020 . We are currently helping store workers at Tesco, Sainsburys, Asda, Morrisons, Co-op and the clothing retailer Next who believe they are being paid less than warehouse workers. Terms and Conditions | Built by 89up, Latest updates for GMB members in ASDA retail. Read about our approach to external linking. Retail and distribution are very different sectors with their own distinct skill sets and pay rates. As alaw firmspecialising in group claims, we intend to bring the claim to anEmployment Tribunalon behalf of Tesco workers, under theEquality Act 2010.Tesco workersbelieve that their jobs are of equal value to the jobs ofwarehouse workers, so therates of payfor both jobs should be comparable. National Joint Council Employers Have Now Made Their Pay Offer For 2023/24. If the jobs are comparable, are they of equal value? Legal 500 UK 2022 ranked Keira as a 'Rising Star' in Employment, and she is recognised for her strong client skills and meticulous case preparation. Only the Next shop workers who join the claim will be entitled to receive compensation from the Tribunal. We urge our members to think very carefully before agreeing to volunteer to be part of this trial. If it is, and we can show that the reason for the difference in pay between the shops and the distribution centres is unjustified sex discrimination, then the claims will be successful. Our first consultation meeting is scheduled for Thursday 2ndFebruary, and we will provide you with ongoing updates. A successful claim = up to 6 years back pay from the date your claim starts and back pay from the date the claim starts until the claim is resolved. If we are unable to identify enough volunteers, we will seek volunteers from surrounding stores where appropriate before, in exceptional circumstances, having to ask some colleagues to work but well have a discussion about this and explore all possible alternatives. [1] We will provide you with an update on the outcome of this hearing as soon as we have it. We are still negotiating on a repayment policy and we need to see wage errors continue to slow. If you are impacted by this proposal but feel your pay isnt correct, or have other issues you would like to talk to GMB about, speak with your local GMB Shop Steward or contact your GMB regional office. GMB has been supporting equal pay litigation against ASDA for our members via solicitors Leigh Day. The cut in pay and hours is, of course, our primary concern, but the potential impact on colleagues' health and safety is also worrying. Is there anything else we can be doing to help win equal pay? instructions how to enable JavaScript in your web browser, South Staffordshire PLC/South Staffs Water/Cambridge Water data breach claim, Fracking and fossil fuel extraction claims, Judicial review and public body decision making, Employment law claims and disputes overview, International corporate corruption and espionage, International corruption and whistleblowing, Recent medical negligence success stories, Asbestos and industrial diseases overview, Recent asbestos and mesothelioma settlements, Consumer, competition and financial services claims overview, Financial services, mis-selling and shareholder claims, If you would like to find out more information about how you can join the claim, please. There will be another 'equal value' tribunal hearing after this one, we don't yet know the date for this, but it could be some time. If this is not the case, and you are being forced to change shift then please contact your GMB representative ASAP and raise a grievance. I hope that you can agree to a meeting with GMB representatives to discuss what the added debt and sale and leaseback of the distribution centres means for the future of Asda's staff and what steps you will be taking to secure our members employment considering the financial circumstances. GMB requested a thank you payment of 300 to all bakers that stay to the end of their notice period. We will update you if we hear anything further on this issue. The introduction of the new ambient picking trolleys has caused a great deal of concern for GMB members. Find out more about our challenges against ASDA, Tesco, Sainsbury's, Morrisons, Co-op and Next. The transfer will happen on the2ndFebruary. GMB Health and Safety reps have raised these issues to ASDA and several modifications have been made to the trolleys to improve their safety. We unfortunately have to report that Boxing day has not been granted as an extra day'sleave and if you wish to take this day off you will be required to book holiday, we have asked for clarification for those that do not have any annual leave remaining, you should receive this shortly; also that the bonus referred to in the ASDA press release is not new and is the payment due to you in February which has already been confirmed. Join the Claim; Next Equal Pay. This includes the cleaning of car park, checkouts,kiosk, optical,pharmacy areasand cleaning that would usually be done by the Asda Ace Janitor. Our advice to GMB members is that If youre stuck in an aisle or area and feel overwhelmed by the number of customers, then excuse yourself. At securing funds to allow us to settle outstanding equal pay Audit in partnership with the.! Views which have been passed on through the consultation to ASDA and several modifications been! 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