Next has successfully appealed a key part of a 2024 equal pay ruling, allowing the retailer to maintain higher hourly rates for its warehouse workers compared to shop floor staff. The Employment Appeal Tribunal accepted Next's argument that it was justified in paying more due to recruitment and retention challenges for warehouse roles.
The original ruling in 2024 had determined that Next was incorrect to pay warehouse staff higher basic pay for jobs deemed of equal value to those on the shop floor. This earlier judgement had potentially entitled over 3,500 current and former employees, predominantly women, to share more than £30m in back pay.
Leigh Day, the law firm representing the store workers, expressed disappointment with the tribunal's conclusion on basic pay and stated its intention to appeal the decision. Next described the outcome as a "landmark victory" on the "key issue of basic pay," affirming the principle that employers can pay what is necessary to recruit staff without being obliged to raise the pay of other employees where there is no reason to do so.
While Next's appeal on basic pay was successful, Leigh Day noted that judges did uphold 2024 findings concerning night-time premiums, overtime premiums, and paid rest breaks. Next has indicated it will seek permission to appeal these specific decisions.