The Government has published the final draft of the Equality Act
2010 (Gender Pay Gap Information) Regulations 2017, which are set
to come into force in April 2017, which will see larger employers
reporting on their gender pay gap.
For example, the explanatory notes say that that a relevant
employee includes someone employed under a contract of employment,
a contract of apprenticeship or a contract personally to do work,
so potentially is far reaching. It excludes partners and LLP
members from the definition. Data reported should be for
"full-pay relevant employees" (thereby removing data
relative to those on sick, or other (for example, family) leave
from the company).
There is also clarification as to what is included in pay, in
terms of allowance and shift pay (shift allowances and premiums are
in); and overtime (which is still out); and a clearer definition of
bonus pay and when it is to be taken into account.
There is helpful detail about how the quartile bands are to be
So where are we now?
The Regulations apply to employers who employ at least 250
employees on the 5th of April each year, with these
employers obliged to publish their report no later than the
4th of April the following year. The first report, for
relevant employers, is therefore due no later than the
4th of April 2018.
To briefly summarise, the report must include:
The difference in the mean and median pay of male and female
The difference in the mean and median bonus pay of male and
The proportions of male and female employees who were paid a
bonus in the previous year
The numbers of male and female employees employed in quartile
The explanatory notes tell us that failure to comply with an
obligation imposed by these Regulations is an 'unlawful
act' within the meaning of section 34 of the Equality Act 2006
which empowers the Equality and Human Rights Commission to take
enforcement action. It is also thought that the Government intends
for a "naming and shaming" approach to employers who do
We will be providing full detail about the reporting obligations
in our training on what your business must do if it needs to
comply. Training sessions will take place in Glasgow and
Edinburgh in February 2017. Further details will be available
Contact our Specialist Employment Lawyers
MacRoberts' employment group is the longest established
specialist team in Scotland. We are known for using our practical
and effective approach to find solutions for our clients. In an
area of law that continually evolves, our team of accredited
specialists works to ensure our proactive advice is tailored for
our clients' strategic needs.
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