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26 October 2018 | Comment | Article by Louise Price

Zero tolerance towards gender pay gap reporting failure


Employers that have yet to publish gender pay gap data face a crackdown from the Equality and Human Rights Commission (EHRC).

Those employers who failed to meet the gender pay gap reporting deadline of 5 April and continue to fail to report face a “zero tolerance” approach to enforcement from the EHRC. The original deadline of 4 April 2018 was missed by a large number of employers, as mentioned in our previous blog, and despite the deadline being extended until 7 May 2018, there remain hundreds of employers who have still failed to report.

The EHRC has confirmed that around 500 employers are currently under investigation for failing to report and that its investigations will begin in earnest in June 2018. This may well lead to enforcement action being taken against a number of organisations. The EHRC intends to upload the results of its investigations online, leading to the naming and shaming of those employers who continue to fail to comply with their reporting obligations.

For the employers who have not yet published their reports we outlined the new guidance in a previous blog on ‘Reporting on Gender Pay Gap’ which contains useful information on the ACAS guidance and key changes from the draft regulations.

Investigations by the EHRC will begin in June 2018 for all companies that have failed to report their Gender Pay Gap.

For more information please contact the Employment Team on 029 2039 1002.

Author bio

A highly specialised lawyer, Louise is a Partner and Head of Employment and HR services. Her expertise includes corporate support work, TUPE, pensions and employee benefits advice. She regularly advises private, public and third sector clients regarding large scale TUPE transfers of staff including drafting indemnities and warranties, advising on potential employment and pension liabilities, information and consultation obligations, and providing best value guidance.

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