NEW GENDER PAY GAP REGULATIONS
ACE members obliged to publish overall pay gap for relevant employees
Affected ACE employers are now obliged to publish:
- Overall gender pay gap figures for relevant employees, calculated using both the mean and median average hourly pay.
- The numbers of men and women in each of four pay bands (quartiles), based on their overall pay range.
- Information on their gender bonus gap, that is, the difference between men and women's mean and median bonus pay over a 12-month period.
- The proportion of male and female employees who received a bonus in the same 12-month period.
Affected ACE employers will have the option to include a narrative explaining any pay gaps or other disparities, and setting out what action, if any, they plan to take to address them. The provision of a narrative will not be mandatory.
Affected ACE employers must therefore analyse their gender pay gap each April, and are required to publish their gender pay gap report within 12 months. Thereafter, they must produce and publish an annual report, which must be published on their own website and kept online and publicly available for three years. They must also upload the information to a government website.
The government has indicated that it will run periodic checks to assess for non-compliance; produce tables by sector of employers' reported gender pay gaps; and highlight and identify employers publishing particularly full and explanatory information. The draft Explanatory Memorandum states that failure to comply will constitute an "unlawful act", which empowers the Equality and Human Rights Commission to take enforcement action if it elects to.