Organisations that fail to provide this data are unable to reflect on existing pay gaps and are therefore also unable to spot where discrimination might be happening.
Organisations are required to publish their average difference in pay between men and women in their companies, and those that fail to publish their data receive a warning notice from the EHRC, threatening formal enforcement action. This can include enforceable action plans or investigations, if they are in breach of equality law. If organisations do not report, the EHRC has the power to seek a court order to impose an unlimited fine.
No penalties or fines have been issued to date, demonstrating the effectiveness of the steps the EHRC takes to ensure organisations provide this vital data without needing to use all the enforcement powers at its disposal.
Between April and May this year the EHRC sent warning and reminder notices to over 600 non-reporters that had missed their initial deadline, and since then almost all of those organisations have reported.
The total number of non-reporters is lower than in 2023 and 2022, showing the effectiveness of the EHRC’s current approach to enforcement.
The EHRC will now be writing to the chief executives of all the organisations named, to ask for their data to be reported as soon as possible, and remind them of the EHRC’s powers to conduct a legal investigation if they do not.
Private sector organisations across Britain and English public bodies with 250 or more employees are required by law to publish their gender pay gap information each year.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
