The gender pay gap is still a big issue in employment law, figures suggest that there is still a 9% difference between the pay of men and women. Section 78 of the Equality Act requires employers with more than 250 employees to publish information relating to the pay of employees for the purpose of showing whether there are differences in the pay of male and female employees.

At the end of September the consultation for Gender Pay Gap reporting closed which means it won’t be long until the guidance is released for the mandatory reporting. The legislation will be rolled out next year so it may be worth getting up to speed now especially as any pay gaps identified before the mandatory reporting can be addressed and thus avoid negative publicity.First of all it is worth establishing what roles are equal. The equality act defines equal as:

“Like work” , work that is the same or broadly similar

“Equivalent work” is where the demands of a job are determined to be equal to those of another job under a job evaluation scheme

“Work of equal value” is work that is different to another job but of equal value in terms of the demands of the role.

For example, a recent case involving ASDA, female shelf stackers were found to be being up to £4 less than their male counterparts in the warehouse despite both jobs involving stock control and lifting.

When looking for pay gaps be sure to include any benefits and use pro-rata figures for part time staff. If any gender gaps appear be sure to determine if gender is a contributing reason and if it is a factor make sure to close the gender gap. For advice on this matter please contact us.