Under existing legislation, employers with over 250 employees must publish data specific to the Gender Pay Gap on an annual basis.
If they do not comply with this requirement, it can be enforced by the Equality and Human Rights Commission.
What’s changing?
The Employment Rights Act (‘ERA’) intends to create a statutory requirement for these employers to set out the evidence-based actions they are taking to improve both gender equality and support employees during the menopause. The government have indicated that the publishing of action plans around menopause and gender pay gaps will become mandatory in Spring 2027, following their voluntary introduction on 6 April 2026.
Employers are required to select at least 2 actions that are ‘new or in progress’ to include in their plans – one addressing gender pay gap and the other supporting employees experiencing menopause. Employers that have already incorporated some of the government’s measures into their existing working practices can include these in their action plan as ‘embedded’ actions. To help employers take effective action, the government has provided a list of recommended, evidence-informed actions, along with accompanying guidance detailing the benefits of the action and how best to implement them.
Employers should publish their plans on the gender pay gap reporting service and also include the name of a ‘responsible person’ who is responsible for confirming that the information the employer has submitted is accurate. The published action plan will be available to the public along with the gender pay gap data.
What does this mean?
Large businesses may wish to consider their internal policies and whether measures can be implemented in readiness for the requirements around publication.
If you have any queries around the gender pay gap or menopause, please contact a member of the Employment team.
To find out what other aspects of employment law are affected by the Employment Rights Act, read our blog “The Employment Rights Act – When to expect change”.
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