Ms S Brierley & others v Asda Stores Limited HELD AT: Manchester — 2018

The tribunal considered an application by the claimants in equal pay proceedings for the respondent to answer questions about job evaluations and, depending on the answers, provide a list of related documents. The proceedings involved retail store employees, most of whom were women, comparing their work with hourly paid depot employees, mainly men.

The tribunal ordered the respondent to answer questions 1, 2 and 4 by 28 February 2018. It held that questions 3, 5 and 6 need not be answered because they were matters subject to legal advice privilege and/or litigation privilege, and that questions 8, 9 and 10 need not be answered because they went beyond the mere claiming of privilege. If the answers to questions 1 or 4 were positive, the respondent was ordered to provide a list of relevant documents by 28 March 2018.