Analysis of Discrimination at Work: Case Study on Asda and Equal Pay

This report examines the issue of discrimination in the workplace, using the Asda equal pay dispute as a central case study. The introduction defines workplace discrimination and highlights its impact on employees. Part 1 analyzes the specific case of Asda, detailing the allegations of unequal pay between male and female employees, the legal proceedings, and the potential impact on the company and the private sector. The report underscores the importance of HR in managing the issue. Part 2 explores the steps Asda could have taken to avoid the problem, such as establishing clear pay scales and conducting audits. The conclusion emphasizes the negative consequences of discrimination, including financial losses and damage to brand value, and stresses the importance of implementing fair practices and legal measures to protect employee rights and maintain a positive work environment.

Discrimination at work
INTRODUCTION...........................................................................................................................................3
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PART 1............................................................................................................................................3
PART 2............................................................................................................................................5
CONCLUSION................................................................................................................................6
REFERENCES ...............................................................................................................................7
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INTRODUCTION
Discrimination at work or job discrimination involves practices in which an organisation
makes adverse decision against job applicant or employee basic right within an organisation. If
an organisation discriminate employees on the basis of any unfair treatment due to religion base,
sex, national origin, disability or other factors it is known as discrimination at work
(Thoroughgood and et. al., 2020). In simple words discrimination involves treatment of
individual less favourable as compare to other employees. Present report involves case study on
Asda, this report is being divided into two parts in which part one reflects the problem within an
organisation along with the methods through which this problem can be managed. While on the
other hand second part of this report includes the things that organisation could have done to
avoid this problem look at the strategy to effectively manage them.
PART 1
ASDA is a leading organisation which is performing its business services in the retail
industrial sector. This organisation offers wide range of products and services to customers. It
has been analysed that being a British Supermarket retailer this company extensively conduct its
business services with more than 165000 employees with an aim to serve customers better.
However according to the analysis it has been identified that, Asda find itself in a legal dispute
in which company is being accused discriminating employees on the basis of equal pay.
According to the analysis that has been determined that approximately majority of women
workers have filed claims in which they ask to be paid the same as compared to male staff those
who are performing their roles and responsibility on same position. In this claim woman said that
male staff are getting higher wages, it has been identified that this case is the biggest ever equal
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pay claim in the provinces of United Kingdom private segment (Asda equal pay dispute goes to
UK supreme court in virtual hearing. 2020). In this claim it has been evaluated that the
claimants was successful in both the Employment appeal Tribunal and Employment Tribunal.
According to the court employee of any gender those who are performing their roles and
responsibilities are entitled to be pay on equal basis.
In addition to the it has been identified that this case does not impacted Asda and 3500
workers but also have a significant impact upon the private sector as a whole, in this case
Supreme court rules in the favour of employees. However, this judgement is being welcome by
Asda and the statement has been released by the company in which they said that they welcome
the opportunity to bring equal value case to the Supreme Court and they believe that it is the
most important issues and employees are being provided with the legal security they deserve.
Company also said that they respect right of workers and will fundamentally continue to make
their argument clear in which they said that in their stores pay rates of female and male
colleagues are equally true (Mara, Ginieis and Brunet-Icart, 2020). Company also said that
distribution and retail segment is basically two different industrial segments and in this case that
employees of all the gender get paid according to respective market rates
According to the above mentioned analysis it has been identified that Asda by taking
advantage of different method can effectively manage this problem. In this situation it is
essential for HR to make sure that accurate pay scale is being mentioned in job description.
Along with this HR is also required enforce equality across every aspect of business sector. In
addition to this HR is also required to identify new regulation that are prevailing in industry and
further implement the same with the help of technologies in order to provide proper guidance to
management to undertake advantage of useful metrics (O’Connor and Kmec, 2020). It is
essential for an organisation to understand that equality is one of the most important factor for
their long-term sustainability, negligence of this will affect company in number of ways that can
not only lower down its profitability but also affects its capability to attract and retain talented
employees. It has been identified that with the concept of single source of employment Asda
enforce the concept of equal pay for equal work which guarantees constitutional right to male
and female workers according to the regulation of Employment and Industrial Relations Act
(EIRA).
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PART 2
It is essential for an organisation like Asda those who are performing their business
operations as a multinational company to have their policies and structure of Pay Scale in job
description. This practice could somehow benefit company to win in this case as if company
have strong proof of having different pay scales in different sector then and could not get
affected. In addition to this it has been underline that ADA can have avoided this problem by
providing proper awareness to employees according to their pay scale differences in distribution
and retail segment, any confusion or negligence of providing proper information to employees
can lead towards creating confusion. Asda is a leading organisation which is conducting its
business operation on large scale, on this claims is the clarify that staff members in the store get
different due to the difference in the pay scale between shop and distribution centre. However in
order to deal with the situation or avoid this problem it is essential for HR of effective
organisation to properly understand all the policies procedures and requirements of Pay Scale in
different location and different stores. Along with this entity is also required to make sure that all
the rights and regulation equal pay and Employment right are being effectively abided within
workplace of organisation. In addition to this it is also essential for Asda to conduct an audit in
order to make sure that they are providing equal compensation and wages to employees. Audit
also act as a proof in future if any false claim has been made upon company. Along with this
company can also provide equal opportunity to female in managerial position as this can increase
company brand value in market (Asda equal pay victory has "widespread repercussions" for HR
. 2020). In addition to this, Asda can also undertake advantage of significant equal pay measures
such as job evaluation scheme and more. With the assistance of this they can rank and group
employees into salary band and can provide wages according to the act and legislation. It is
essential for an organisation to have equal and fair system practices within an organisation
workplace structure with relevant expert guidance. With the help of this entity can ensure trust of
their employees, according to the above case scenario it has been identified that Asda bosses
have begun a Supreme Court equal pay fight with Supermarket workers in which employees in
which most of them are women claim that they get less paid comparatively to male (Asda equal
pay claims. 2020). In the decision was duly upheld by Court of appeal judges in 2019 as progress
through Tribunal will take many years to conclude.
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Thus, according to the above mentioned analysis it has been identified that the situation duly
represents a management problem as in this managers are having responsibility to make sure that
employees are paid accordingly and are aware of their pay scale if they are working on different
departments namely distribution and retail segment (O’Connor and Kmec, 2020). In addition to
this managers are also responsible to conduct proper pay audit in order to manage diversity in an
effective manner negligence of this may lead company to face many legal obligations and
decrease in its goodwill and profitability.
CONCLUSION
As per the above mentioned report it has been concluded that any discriminatory policies
may lead organisation to face heavy losses in terms of decreasing profitability, brand value and
long-term sustainability. In addition to this it has been evaluated that, if an organisation practices
any forms of discrimination in the workplace premises then they may also face heavy penalties
as well as legal obligations. Thus, it is essential for an organisation to make sure that they did not
discriminate their employees on any basis and undertake strategies as well as proper legislature
measures in order to protect the right of employees. It is essential for an organisation to make
sure that employees within the company does not face any form of discriminate as it can not only
affect their productivity but will also lead entity to face many negative consequences that can
further hamper their goodwill and profitability within market segment.
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REFERENCES
Books and Journals
Thoroughgood, C and et. al., 2020. Finding calm in the storm: A daily investigation of how trait
mindfulness buffers against paranoid cognition and emotional exhaustion following
perceived discrimination at work. Organizational Behavior and Human Decision
Processes, 159, pp.49-63.
Mara, L.C., Ginieis, M. and Brunet-Icart, I., 2020. Strategies for Coping with LGBT
Discrimination at Work: a Systematic Literature Review. Sexuality Research and Social
Policy, pp.1-16.
Zajíčková, D., Zajíček, M. and Rašticová, M., 2020. Does Anti-Discrimination Legislation Work?
The Case of Motherhood Penalty in the Czech Republic. Employee Responsibilities and
Rights Journal, pp.1-21.
Palumbo, R. and Manna, R., 2020. For better or for worse? Handling the side effects of
organizational change on workplace discrimination. Journal of Organizational Change
Management.
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Behtoui, A and et. al., 2020. Why are care workers from the global south disadvantaged?
Inequality and discrimination in Swedish elderly care work. Ethnic and Racial
Studies, 43(16), pp.155-174.
O’Connor, L.T. and Kmec, J.A., 2020. Is It Discrimination, or Fair and Deserved? How Beliefs
about Work, Family, and Gender Shape Recognition of Family Responsibilities
Discrimination. Social Currents, 7(3), pp.212-230.
Online
Asda equal pay dispute goes to UK supreme court in virtual hearing. 2020. [Online] Available
through< https://www.theguardian.com/society/2020/jul/13/asda-equal-pay-dispute-
goes-to-supreme-court-in-decisive-virtual-hearing
Asda equal pay claims. 2020. [Online] Available
through<https://www.leighday.co.uk/Employment-discrimination/Equal-pay-
claims/Asda>
Asda equal pay victory has "widespread repercussions" for HR . 2020. [Online] Available
through<https://www.hrmagazine.co.uk/article-details/asda-equal-pay-victory-has-
widespread-repercussions-for-hr>
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