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Gender pay gap reporting: Six month suspension to the enforcement of gender pay gap regulations

24 February 2021
Due to the impact of the pandemic the Equality and Human Rights Commission (EHRC) has announced that employers have until 5 October 2021 to report their gender pay gap. 

Delay 

Employers with 250 or more employees will be required to report their gender pay gap data by 5 October 2021.  The government has updated its guidance stating that due to the impact of the coronavirus the EHRC has announced that employers now have until 5 October 2021 to report their gender pay gap information for the 2020/2021 reporting year, which uses a snapshot date of 31 March 2020 and 6 April 2020.  The guidance goes on to confirm that no enforcement action will be taken providing reports meet the new deadline.  

The EHRC news article confirms that employers are encouraged to submit their data for 2020/2021 before October where possible.  Baroness Kishwer Falkner, Chair of the EHRC said  “We know businesses are still facing challenging times. Starting our legal process in October strikes the right balance between supporting businesses and enforcing these important regulations."

Furloughed employees

The EHRC has also published Including furloughed employees in gender pay gap reporting guidance providing useful information on the inclusion of furloughed employees when reporting.  

Further guidance

The Government Equalities Office launched a series of guidance documents at the end of 2020 to help support employers with gender pay gap reporting:

Who needs to report their gender pay gap
The gender pay gap data you must gather
Making your gender pay gap calculations
The gender pay gap information employers must report
Gender pay gap reporting

Comment 

Whilst keeping gender pay on the agenda, the delay on reporting should relieve some of the pressure from employers during an incredibly challenging period.  Whilst the period of grace will no doubt be welcomed by employers, it is important that equality and diversity remains a top priority.  Undoubtedly, furlough will have had a significant impact on the gender pay gap data.  Employers will now have more time to explain the data and to consider steps which can help close the gap.  

If you need any assistance with regard to gender pay gap reporting, please do not hesitate to contact a member of the employment team.  

Further Reading