Copyright Moore Barlow LLP (Moore Blatch and Barlow Robbins merged May 2020)

The gender pay gap- did you fail to report?

More than 1500 companies who employ over 250 people failed to report their gender pay gap results on the 4th April. While for many businesses it was a bit of a damp squib, those that failed to report could face a tougher time, not least because failure to report is a breach of the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017. In addition, businesses that fail to report could face more scrutiny both internally and externally.

Legal opinion

For many employers any gender pay gap difference is a function of their workforce structure and historic recruitment policies (or indeed applicants) and is in no way a reflection of unequal pay, which is unlawful.

However, it will now form the benchmark going forward and does provide an open opportunity to address the female role in the workplace. Where there are opportunities to address any issues with the underlying male /female ratios there are various options that can be considered. Options that could make a significant difference include better childcare arrangements, improved recruitment methods, salary transparency, encouraging paternity leave, assessing targets and bonus structures, improved training and addressing any cultural issues a business may have.


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