Gender Pay Gap Reporting in the Public Sector

The Government has this week published the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, which extend the requirement to calculate and publish gender pay gap data to public sector employers with over 250 employees.

The duty takes effect as part of the existing public sector equality duty, rather than as a standalone requirement and comes into force on 31 March 2017.

Who does the duty apply to?

The duty applies to all public sector bodies who are relevant employers.

An entity will be a relevant employer if, at the date the report should be assessed from (known as the snapshot date, which is the 31 March of each year), the employer has a minimum of 250 relevant employees.

A relevant employee is someone who is employed by the public sector entity at the snapshot date (31 March each year).

All NHS Trusts need to be mindful of the requirement to publish their gender pay gap data.

What do you need to do?

If you are a relevant employer, you need to take steps to check and prepare the quality of your data and then publish a report on both:

  • Your own website; and
  • A website specifically designated by the Secretary of State (further details to follow in due course);

within 12 months of the snapshot date.

If you are required to generate a report (on account of having 250 or more relevant employees), then you must take steps to publish a report by 30 March 2018 and then by 30 March in every year after that.

There are several steps that you should start to consider now, in order to prepare for the new regime, regardless of the size of your workforce:

  • Consider the employment status of those who may be regarded as relevant employees under the Regulations;
  • Consider the value of current remuneration packages and identify whether you need to make any changes to those packages;
  • Understand which elements of remuneration you need to report on under the Regulations;
  • Carry out an audit of bonus schemes and identify which would need to be reported as bonus pay under the Regulations;
  • Calculate whether you have a gender pay gap, using your pay information and the methodology set out within the draft Regulations;
  • Consider instructing an external consultant to prepare the draft gender pay gap report; and
  • Identify who, within your organisation, will sign the written statement confirming the accuracy of the published information, ensuring that the designated person is familiar with the Regulations and that they are prepared to be involved in producing the final report.

You should begin these considerations as early as possible so that you have an early understanding of:

  • The expectations of you as part of a public sector entity;
  • Any steps you may need to take to quality check the data; and
  • The time and level of resource that will need to be allocated to this task.

If you have any questions about the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 or require assistance with any other employment law matter, please do not hesitate to contact our Healthcare Specialist, Donna Anderson.


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