
Hilary Aldred & Gemma Woodhouse deal with the requirement to report under the Gender Pay Gap Regulations
- How to deal with ‘problem’ employees and ‘problem’ areas.
- Considering how to report.
Most legal practitioners, HR directors, HR managers and employers are aware of their general obligations under the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (SI 2017/172) (the regulations). By now, employers will have ascertained whether or not the regulations apply to them, and some will also have been preparing draft calculations. There are, however, a number of significant issues for businesses who are not only looking to publish their pay gap data, but also seeking to minimise any potential fallout.
Problem areas—hours
The regulations are clear that the calculation of any average hourly rate should be based on the normal working hours within the contract of employment rather than on the hours actually worked by an individual. This may well lead to unsatisfactory results as it fails to take account of individuals who are working hours far in excess of their contractual hours. While for hourly paid