Next hails ‘landmark victory’ in equal pay appeal
Next has won an appeal allowing it to pay warehouse staff more than shop workers, in a long-running equal pay dispute.
The case revolved around whether retail and warehouse employees must be engaged on the same terms, even if those jobs require different terms to effectively recruit, retain and motivate colleagues.
Subscribe to TRBThe Employment Appeal Tribunal agreed with Next’s position that it should not have to pay shop assistants and warehouse operatives the same basic pay, in circumstances where the market and working conditions are very different.
The ruling overturns a 2024 decision which had found that “it was not reasonably necessary” for Next to pay its warehouse staff more than shop workers.
A case was brought by more than 3,500 current and former employees, who claimed equal pay for a period between 2012 to 2023.
Next said the appeal tribunal had confirmed that it was justifiable for the retailer to rely on market forces to distinguish between different groups of employees, where there was a good rationale to pay one group more than the other. The retailer stated that it had to pay a higher market rate to warehouse operatives because of recruitment and retention pressures that did not apply to its store workforce.
Next said it believed this element of the judgment is not only correct in law, but also a victory for common sense.
