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Government adds public sector to gender pay gap reporting

The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 were published in December and, subject to parliamentary approval, will come into effect on 31st March 2017.

It requires any public-sector employers with 250 staff or more to publish gender pay information. In the main, the information required is the same as that for the private sector but there are two small differences…..

The first is that the private sector’s publishing date is 4th April each year, but for the public sector it will be 30th March. The private sector has to look at a snapshot on 5th April, whereas the data for the public sector has to be taken on 31st March and consider bonuses paid between 1st April and 31st March.

The second is the point they have made about this just being part of the public sector’s duty for Equality. There is already a further requirement to publish information demonstrating compliance with the PSED on a method accessible to the public and now the deadlines for doing so are being brought into line. The requirement is to state one or more objectives that comply with the three core objectives of the PSED. It is being proposed that this information is to now be published by 30th March 2018 and then every four years thereafter (previously there were split dates of Schedule 1: 31st January and Schedule 2 [including schools]: 6th April).

As stated by ACAS, an employer must publish six calculations showing their:

  1. average gender pay gap as a mean average
  2. average gender pay gap as a median average
  3. average bonus gender pay gap as a mean average
  4. average bonus gender pay gap as a median average
  5. proportion of males receiving a bonus payment and proportion of females receiving a bonus payment
  6. proportion of males and females when divided into four groups ordered from lowest to highest pay.

The necessary information must be published as a written statement by an appropriate person, in English on a company website accessible to employees and the public. It must remain on the website for a minimum of three years. There will also be an additional Government website which will require the information but this is still in progress. For maintained schools, the Government clarified that it is the governing body that is classed as the employer.

You can access the Government’s response to the public consultation using this link and the draft legislation by clicking here

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