Gender pay gap reporting will go ahead in the UK after the government published its final pay gap reporting regulations and its response to the consultation on the requirements. The government said it remains committed to achieving legislative approval by Parliament so that they can enter into force in April 2017.

The government said there were some arguments that the regulations – which will come into force under section 208 of the Equality Act 2010 –  should apply to smaller companies than proposed. However, the government  has stuck to its decision that the regulations will apply to companies with 250 employees or over.

The government said it would require these companies to collect information on the hours and earnings of employees during the pay period in which a ‘snapshot date’ in April falls.  This had been proposed as 3oth April but will now be 5th April to fall in line with tax years as respondents had indicated that collating the information would then be easier.

The government said the regulations were one element of its strategy to meet the needs of women at every stage of their working lives. The government said it knew the causes of the gender pay gap were complex and its strategy must span education, business and the executive pipeline.

As announced in February, the government said it would provide a package of support to help employers calculate and address their gender pay gap. This would include a campaign of UK-wide events and multimedia guidance to help employers calculate their gender pay gap, gender bonus gap and the numbers of men and women at different pay quartiles and targeted support for smaller employers, and those in sectors that are least advanced on gender equality.

The regulations will require employers to publish the gender pay gap information on their own website in a manner that is accessible to employees and the public. In addition, employers must also publish the information to a government website. Some respondents, notably trade union bodies, indicated that companies that  did not comply should face sanctions however the government said it did not propose any additional enforcement. However, the government noted, that non-compliance would constitute an ‘unlawful act’ and fall within the existing enforcement powers of the Equality and Human Rights Commission (EHRC) under the Equality Act 2006.

Last Updated: 17 December 2016