United Kingdom

    Gender pay gap rules in detail

    The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (‘GPG Regulations’) require that all private and voluntary sector employers with over 250 staff on the relevant date (being 5 April 2017) must report annually on their gender pay gap.

    The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (‘Public Authority Regulations’) require that all private and voluntary sector employers with over 250 staff on the relevant date (being 30 March 2018) must report annually on their gender pay gap.

    Under the GPG Regulations, the data required from employers must be published in English annually. Employers must publish their gender pay gap report on the government’s gender pay gap reporting website, and the employer's website, which must be accessible to the public and to employees.

    There is no obligation beyond publishing the data on the government's website, but the Equality and Human Rights Commission may issue an enforcement notice to an employer who fails to submit their data, requiring them to do so within a set time.

    Potentially, the results of the report give employees grounds for a claim directly or indirectly. An employee could use the results of the report as background evidence to support a discrimination claim. If the employer chooses to apply grades to its workforce as part of the report, an employee could use this to show they were doing work rated as equivalent or of equal value as another employee placed in the same grade, which could be used in an equal pay claim.

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    Author: Lewis Silkin LLP

    Date: December 2018 

     

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