Equal pay claims represent one of the largest ongoing group actions in Scottish legal history. Thousands of workers — predominantly women — at major supermarkets and Scottish local councils may be entitled to years of backdated pay after being paid less than male counterparts doing work of equivalent value.
What Is an Equal Pay Claim?
Under the Equality Act 2010, men and women are entitled to equal pay for equal work, work rated as equivalent, or work of equal value. Where an employer has paid women less than men doing comparable roles, the affected workers can claim backdated pay going back up to 6 years.
Supermarket Equal Pay Claims
Major UK supermarkets have faced significant equal pay litigation in recent years. The core argument is that predominantly female in-store roles — checkout operators, shop floor assistants, section leaders and customer service staff — were paid less than predominantly male distribution and warehouse roles, despite being of equal value under the Equality Act.
Who May Be Eligible?
Current and former employees of the following supermarkets who worked in store-based roles may have a claim:
- Asda — one of the largest equal pay actions in UK history, currently ongoing
- Tesco — claims being pursued by thousands of current and former employees
- Morrisons — litigation ongoing
- Sainsbury's — claims under review
You do not need to still be employed by the supermarket. Claims can be brought by former employees as long as they are within the limitation period.
How Much Could I Receive?
The value of a supermarket equal pay claim depends on how long you worked in the role, the pay gap between your role and the comparator role, and whether you worked full-time or part-time. Claims can be worth several thousand pounds for shorter service periods and significantly more for long-serving employees. Where the pay gap is established, up to 6 years of backdated pay can be recovered.
Scottish Council Equal Pay Claims
Scottish local authorities have been at the centre of equal pay litigation for over a decade. Roles such as care at home workers, cleaners, caterers and home helps — predominantly female — were historically paid less than male roles such as refuse collectors, road workers and groundsmen.
Which Councils Are Affected?
Claims have been brought or settled against a number of Scottish councils. Current active claims include those against:
- North Ayrshire Council — Care at Home workers, with payouts now underway
- Dundee City Council — Home carers, cleaners and catering staff
- Fife Council — Various support and care roles
How Far Back Can Council Claims Go?
For council equal pay claims, you can claim up to 6 years of backdated pay under the Equality Act 2010 if you are still employed, or from the date employment ended if you have left. The limitation period for equal pay claims is 6 months from the date employment ended to bring a claim in the Employment Tribunal, or up to 6 years if claiming through the civil courts under breach of contract.
How Do Equal Pay Claims Work in Practice?
Most supermarket and council equal pay claims are run as group actions, where a large number of claimants pursue their cases collectively. This keeps costs down and creates strength in numbers when negotiating with employers. You do not need to organise anything yourself — your solicitor handles everything.
The process typically involves:
- Registering your interest with a specialist solicitor
- Providing your employment history and pay details
- The solicitor establishing the pay gap using comparator evidence
- Negotiating a settlement or proceeding to Employment Tribunal
No Win No Fee Equal Pay Claims
Scottish Claims Helpline handles equal pay claims on a no win no fee basis. You pay nothing to register your claim and nothing unless you receive compensation. There is no financial risk to you.
If you worked in a store-based role for a major supermarket, or in a care, cleaning or catering role for a Scottish council, you may be entitled to a significant backdated pay award. Contact Scottish Claims Helpline today for a free, no obligation assessment.
About this article: Written by the Scottish Claims Helpline editorial team and reviewed by a qualified Scottish solicitor.
Scottish Claims Helpline is authorised and regulated by the Financial Conduct Authority
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FRN 830381).