Employment Law

Gender Pay Gap Reporting: Time To Prepare!

As promised in last week’s post, here is a blog from our employment law partner Sally Nesbitt of Moorcrofts, who shares the key concepts of the draft Gender Pay Gap Regulations.

From 6 April 2017 all private sector employers who employ 250 or more employees will be legally obliged to publish an annual report setting out the ‘Gender Pay Gap’ within their business.  Perhaps unsurprisingly, the draft regulations which set out employers’ reporting obligations are extremely detailed and complex and it is clear that employers are going to have to plan ahead in order to gather all of the relevant statistics and publish them in time.

There are six statistics which employers will have to publish in their report for each reporting year:

Mean gender pay gap.

  1. Median gender pay gap.
  2. Mean bonus gender pay gap.
  3. Median bonus gender pay gap.
  4. Proportions of male and female employees who received a bonus.
  5. Proportions of male and female employees in each of four pay quartiles.

The information required in order to calculate these statistics is unlikely to be available at the touch of a button on existing payroll systems and employers are going to have to spend some considerable time extracting the details which they need before they can even begin to carry out the relevant calculations.  To add to the complexity, it is possible that casual workers and some self-employed consultants could count as ‘employees’ for the purposes of these calculations and employers who have staff engaged on a variety of working patterns, perhaps  part-time or irregular hours, will have additional work to do in order to produce the statistics required.

The first reports must be published by 4 April 2018 and subsequent reports must them be produced on an annual basis.

To help employers navigate their way through the calculations which they need to complete, we have produced this detailed Employer’s Guide.

For further information, please contact Matt Jenkin on 01628  470011 or matt.jenkin@moorcrofts.com or Sally Nesbitt on 01628 470014 or sally.nesbitt@moorcrofts.com


Many thanks to Sally and the team at Moorcrofts for sharing this blog and accompanying Employer’s Guide.


This Wednesday 8th March is International Women’s Day; an event that has been around since the early 1900’s, with an original aim of achieving full gender equality around the world whilst celebrating women’s achievements, from the political to the social.  Today its aims are no different – to have a more inclusive, gender-equal world.

Much progress has been made to protect and promote women’s rights in recent times, however, according to the UN, nowhere in the world can women claim to have all the same rights and opportunities as men.

So what are some of the hard facts?

  • On average, women around the world receive between 30-40% less pay than men earn for the same work
  • Only half of the world’s working-age women are in employment, compared to 77% of working-age men
  • Around the world, only 22% of all national parliamentarians are female. And although that is double the number from 1995, it is still a marker of slow change
  • Only 30% of the world’s researchers are women.
  • In nearly every country, women work longer hours than men and are paid less
  • Approximately 60 million girls are denied an education all over the world
  • On average 15 million girls under 18 are married with little or no say in the matter
  • 4 out of 5 victims of human trafficking are girls
  • Women around the world aged 15-44 are more at risk from rape and domestic violence than from cancer, car accidents, war and malaria

The work of International Women’s Day has set a theme of “Women in the Changing World of Work – Planet 50:50 by 2030”.  So what can you do in your workplace to help us move towards this goal?   Here are four basic measures you can take to help drive equality in your workplace today:

  1. Equal work means equal pay:

Establish a policy that ensures both male and female staff are paid equally for the same role, and they are given the same opportunities in terms of recruitment and promotion.

  1. Get familiar with anti-discrimination laws:

As an employer, you should have a thorough understanding of the laws in place to prevent discrimination in the workplace, for example equal pay, harassment, victimisation and direct discrimination based on sex.  Make sure you have a strict policy against sexual harassment with clear guidelines on what this involves.

  1. Select for roles based on ability, not gender:

It’s a common perception that women are generally better suited to support type roles, whereas men will excel in leadership positions; however it is these stereotypes that form the basis of gender discrimination at work.  Make sure the hiring and allocation of work is conducted on the basis of an individual’s abilities and character, regardless of whether they are male or female. The preference of customers, clients or other employees is not a legitimate and protected reason to treat employees differently according to gender.

  1. Train your line managers:

By providing training to those in a management position for how best to deal with gender equality in the workplace, they will be better equipped for tackling any issues that arise. You should educate them on how to identify and handle any form of discrimination that may take place in a work environment and how to prevent it from happening in the future.

Also worth bearing in mind, is that in April 2017, all private sector employers with over 250 employees will be legally obliged to publish an annual report setting out the gender pay gap in their business: A sign that this matter is being taken very seriously.  Our employment law partner, Sally Nesbitt of Moorcrofts has written an Employer’s Guide covering the key concepts of the draft Gender Pay Gap Regulations and we will be providing a link for you to access these later this week.  Watch this space.

Unfortunately the World Economic Forum is predicting that the gender gap won’t close entirely until 2186. IWD is asking us to come together to drive this change sooner.  We would love to hear from any of you on what you are doing to celebrate International Women’s Day or raise awareness.

For more information visit https://www.internationalwomensday.com

Carrie Stockton 

Does the corporate dress code still count for anything?

Having recently helped facilitate an induction programme for over fifty Apprentices for one of our clients, I was struck by how well turned out these young people were.  Were they given a specific dress code for the event or did they intuitively know that smart would be better than casual?  I wasn’t sure … but not one of them was wearing denim.  The business itself does not lay down the law when it comes to what to wear to work; having said that there is an expectation that employees will dress appropriately for their work.

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With nearly everyone back to work and school after the summer holidays, we pooches can get awful lonesome left on our own in the homestead.  The good news is that a surprising number of businesses now recognise the value of allowing employees to take us into work with them, and not just on the annual “Take Your Dog to Work” day. Increasingly, what started out as occasional visits has grown into standard practice in some offices in the UK.

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Blowing the whistle: a tricky business

I have to confess that one of my guilty pleasures is a good old whistle blowing scandal and I have certainly taken quite an interest in some of the more famous cases, many of which have been portrayed in films over the years – Karen Silkwood was played by Meryl Streep in a movie following her mysterious death in 1974 in the midst of a campaign to challenge Kerr-McGee about the safety of a nuclear facility.  Similarly Al Pacino played Frank Serpico, a New York City Police Officer who attempted to confront the corruption within the Police Department.  More recently Matt Damon played Mark Whitacre in The Informant – Whitacre worked with the FBI to expose price fixing in agriculture by his own company, Archer Daniels Midland.  And of course we are all familiar with the story of Linda Tripp, a former member of staff at the White House, who was a key player in exposing the Monica Lewinsky scandal that led to an attempt to remove Bill Clinton as President.

Of course, not all whistle blowing cases are quite as famous or are made into movies but the subject is certainly one that can be difficult for employers to navigate.

Our expert legal partner, Sally Nesbitt of Pennington Manches LLP, has shared some of her insights on a recent case with us:

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