Mind the gap – the pitfalls of reporting staff pay disparities

AROUND 9,000 companies in the UK have until April 4 2018 to publish average salary differences between male and female staff. But it’s not just the size of any disparity that is likely to attract press and public attention – but also how they explain the gap, and what action they are taking to close it. Click here to find out more.


Employers warned of hidden pitfalls of new law on staff pay differences

COMPANIES risk being exposed to bad publicity and reputational damage if they fail to avoid a hidden pitfall in new legislation on staff pay.

Major employers now have a duty to reveal average salary differences between male and female staff for the first time – with the deadline for first reporting set for April 4 2018.

Here at Milners, we are urging businesses “to focus on the words as much as the numbers” when tackling these new demands, so any disparities can be explained.

For the legislation surrounding gender pay gap reporting requires employers to publish the information on their own websites every year. It must remain accessible for at least three further years.

For some companies, this could prove a legal minefield.

Gender pay gap reporting represents one of the biggest changes to employment law this year, affecting an estimated one-in-three of the Yorkshire workforce.

So it’s crucial that businesses get it right and steer clear of this potential pitfall

The press, public and pressure groups will be casting a forensic eye over the data and the window it now offers into staff pay.

Firms risk exposure to bad PR and damage to their reputation if they fail to seize the initiative – and don’t properly explain the reasons for the disparity.

It’s vital they focus on the words as much as the numbers in ensuring compliance.

Such a narrative is voluntary – but we would strongly encourage employers to include one on their website.

It provides an important opportunity to provide context for their data, explain any gender pay gaps, and offer reassurance about the actions being taken to narrow the gap.

Businesses that fail to publish an explanation, or choose not to do so, are particularly vulnerable to adverse comment or being “named and shamed” as it may appear that they have something to hide.

Initially, the new legislation requires private sector companies with 250 employees of more to report the differences in both hourly and annual pay between full-time male and female staff.

But there is mounting speculation that the requirement could extend to small and medium-sized businesses to bring the UK in line with Europe, where gender pay gap reporting is increasingly commonplace for any company with just 50 or more staff.

Research has shown that in the UK the gender pay gap is wider in SMEs with 20 to 99 employees.

So despite the burden it would generate, it would not be a surprise to see the threshold reduce to include them in the near future.

SMEs should be planning ahead for that possibility now.

As well as mandatory publication of pay differentials on their own website, individual company data will also be made public on a dedicated Government website.

  • Should you have any questions or concerns regarding your gender pay gap reporting requirements, then please do not hesitate to contact a member of the Employment Law team here at Milners on 0113 245 0852 or hello@milnerslaw.com

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