The gender pay gap is the difference in average pay between the men and women in your workforce.
It is different to equal pay, which means you must pay men and women the same for equal or similar work.
If you are an employer in the private or voluntary sectors with 250 or more employees, you must now publish your gender pay gap data every year. This also applies to listed public sector employers in England (and a limited number of non-devolved bodies).
Which regulations apply to me?
The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 apply to all private and voluntary sector employers with 250 or more employees.
The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 apply to specified English authorities, specified cross-border authorities and specified non-devolved authorities across England, Scotland and Wales.
What do I need to calculate and publish?
Employers need to publish six calculations showing:
- mean gender pay gap in hourly pay
- median gender pay gap in hourly pay
- mean bonus gender pay gap
- median bonus gender pay gap
- proportion of males and females receiving a bonus payment
- proportion of males and females in each pay quartile
Mean is the average hourly rate of pay, calculated by adding the hourly pay rate for employees then dividing by the number of employees.
Median is the middle hourly pay rate, when you arrange your pay rates in order from lowest to highest.
Acas and the Government Equalities Office (GEO) have published helpful and practical guidance on managing gender pay reporting.
Where do I publish my gender pay gap data?
When do I have to publish the data?
By law, you must publish your gender pay gap data every year within 12 months of the relevant snapshot date.
For listed public sector employers, the snapshot date is 31 March each year. We’d encourage reports to be submitted by the usual deadline of 30 March 2021, however enforcement won’t start until 5 October 2021 because of coronavirus. Further information.
For private and voluntary sector employers, the snapshot date is 5 April each year. We’d encourage reports to be submitted by the usual deadline of 4 April 2021, however enforcement action won’t start until 5 October 2021 because of coronavirus. Further information.
What happens if I don’t publish my gender pay gap data?
By law, you must publish your gender pay gap data on or before the deadline each year.
We have the power to take enforcement action against any employer who does not comply with their reporting duties. Our enforcement policy sets out the approach we will take to this.
We will first carry out an investigation to confirm whether you are breaching the regulations. If you are, we will seek a court order requiring you to remedy the breach. Failing to comply with the court order is an offence, punishable with an unlimited fine if you are convicted.
Details of any employer that we investigate will be made publicly available on our website.
Why do I have to report on my organisation's gender pay gap?
Reporting on pay gaps helps organisations understand the size and causes of their pay gaps and identify any issues that need to be addressed.
Having a gender pay gap doesn’t necessarily mean that unlawful discrimination is happening. Publishing and monitoring pay gaps will help employers understand the reasons for any gap and consider whether they need to develop action plans to tackle the causes. For example, if women are mainly at lower-paid levels in the organisation, the employer might want to develop a positive action plan to encourage and support women to apply for more senior roles.
Continuing to publish and monitor the gender pay gap, in line with the regulations, will help employers monitor how effective their actions are in reducing it.
Visit the government gender pay gap reporting website.
Last updated: 19 Mar 2021