Which employers will be covered by the gender pay gap reporting duty?
The duty to report information on the difference in pay between male and female employees will apply to employers with 250 or more employees.
The draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016 set out the details of the duty in relation to private- and voluntary-sector employers. The draft Regulations define an employee as someone who ordinarily works in Great Britain under a contract of employment governed by UK legislation. However, the draft Regulations have been the subject of consultation and it is expected that they will be amended before being brought into force. The Government has indicated (in its consultation on mandatory gender pay gap reporting for public-sector employers) that the definition of employee that will be used in the final version of the Regulations will be that under s.83 of the Equality Act 2010, which includes apprentices and workers who have a contract personally to do work.
The Government intends to extend the specific public-sector equality duties in England to bring in an equivalent gender pay gap reporting duty for public-sector employers with 250 or more employees.