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Gender pay gap reporting clarification
Higher education institutions in the public sector not covered by new gender pay gap regulations.
The Equality Act 2010 (Gender Pay Gap Information) Regulations 2016, which include mandatory gender pay gap reporting, are due to commence in October of this year.
These regulations will apply to private and voluntary sector employers in England, Wales and Scotland with at least 250 employees. They do not apply to the majority of higher education institutions, which are part of the public sector.
The government’s February 2016 consultation Mandatory gender pay gap reporting: government consultation on draft regulations outlines the draft regulations due to commence in October.
Further consultation on extending mandatory reporting to public sector organisations
In the February 2016 consultation, the government made clear that mandatory reporting will be extended to the public sector in due course.
ECU has been in contact with the Government Equalities Office, who confirmed that the government is working on the details of the new reporting requirements for public bodies in England and will announce further details following a separate consultation exercise. Consultation will be undertaken with ‘relevant bodies shortly to ascertain how those requirements will work in practice’.
Changes in public sector pay reporting requirements may require the amendment of the specific duties of the public sector equality duties of the Equality Act 2010. Consequently, the Scottish and Welsh governments will decide whether any changes to existing gender pay reporting is required for public bodies in Scotland and Wales.
What to report
Until the consultation has been completed, we recommend that institutions continue to publish pay data as recommended by the Equality and Human Rights Commission under the existing specific duties of the public sector equality duty of the Equality Act 2010.
However, you may wish to consider the new requirements for the private and voluntary sector when doing so.
Scotland and Wales
The specific duties of the public sector equality duty in Scotland and Wales already include mandatory gender pay gap reporting and outline how HEIs should report on their pay gap.
However, you may wish to consider the new requirements for the private and voluntary sector.
Guidance on publishing pay gap information
- ECU guidance on the public sector equality duty for England, Scotland and Wales
- Current pay reporting duties under the specific duties of the public sector equality duty of the Equality Act
- The Equality and Human Rights Commission