Mandatory Gender Pay Gap Reporting - Public Sector

27 January 2017

Alongside the recently published draft regulations, the government has also published their formal response to the consultation on mandatory gender pay gap reporting for public sector employers.

The consultation ran from 18 August to 30 September 2016 and sought views on proposals to introduce mandatory gender pay gap reporting requirements to the public sector, which are in line with the obligations which will apply to large employers in the private and voluntary sectors.

The changes are being introduced by amending the Specific Duties regulations in England, which underpin the Public Sector Equality Duty. The consultation invited feedback on the new reporting requirements that will apply to specified public bodies in England (and others whose functions are not devolved) if they employ 250 or more employees.

The consultation response outlines:

  • the background to the consultation
  • a summary of the responses received
  • the government’s plans following the consultation.

The draft regulations (The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017) have recently been laid before parliament and will require specified public sector employers with at least 250 employees to report on the gender pay differences of their employees. Subject to parliamentary approval, these regulations will be in force by March 2017 and the specified public bodies will need to publish their gender pay gap data before March 2018.

Geographical extent – the legislation extends to Great Britain. It applies to specified public authorities in England, specified crossborder authorities in Wales and also those operating across Great Britain, in relation to non-devolved functions. Separate regulations made by the Welsh and Scottish Ministers under section 153(2) and (3) of the Act apply to relevant Welsh and Scottish authorities respectively.