With just a month to go for employers to publish their 2021/22 gender pay gap data, just of fifth of employers have actually done so thus far
Gender Pay Gap Data: 80% Still Not Reported
The legal requirement for organisations with 250 or more employees to report their gender pay gap data for 2019/20 was suspended on the 24th March 2020, on account of the Covid-19 pandemic and the first national lockdown.
Furthermore, in relation to gender pay gap data reporting for 2020/21, the deadline for reporting was moved on the 23rd February 2021 to midnight on the the 4th October 2021.
Nevertheless, for 2021/22, employers are required to report their gender pay gap data by no later than the usual designated deadlines. That means that the deadline for public sector employers to report their gender pay gap data will be the 30th March 2022, with a snapshot date of the 31st March 2021. For private sector employers and voluntary organisations, the deadline will be the 4th April 2022, with a snapshot date of the 5th April 2021.
Of the approximately 11,000 employers who are required to report their gender pay gap data, as at the 27th February 2022, just 2212 of employers have done so (equating to just 20.11%). Hence, with just a month to go before the deadlines expire, four-fifths of employers have left their reporting very late.
Historically, nevertheless, employers have left their gender pay gap data reporting late. For the 2018/19 reporting year, for instance, as at the 24th February 2019, just 1251 employers had reported their data. And for the 2017/18 reporting year, only 1308 employers had reported as at the 28th February 2018. Accordingly, by historical standards, the level of reporting with a month to go before the deadlines expire is up.
The Consequences Of Missing The Deadlines
Historically, prior to the Covid-19 pandemic, around a quarter of employers were in the habit of leaving their gender pay gap reporting until the final few days before the deadline was due to expire. With respect to the 2018/19 reporting year, for example, a quarter of the 10,428 organisations that ultimately reported on time, waited until the final 36 hours to publish their gender pay gap data.
Around 300 employers failed to report their gender pay gap data on time for the 2018/19 reporting year, the last year that was not adversely impacted by the Covid-19 pandemic. However, that was substantially down from the approximately 1500 that failed to lodge their data on time for the 2017/18 reporting year
Those employers who fail to submit their gender pay gap data on time face enforcement action. Private sector employers are subject to investigation under section 20 of the Equality Act 2006, and are then issued with an unlawful act notice. If they fail to comply with the notice, then the Equality and Human Rights Commission (EHRC) can apply for a court order requiring them to do so. Should the employer breach that court order, then this is punishable upon conviction with a level 5 (unlimited) fine.
Furthermore, once a case reaches the investigation stage, then details are published on the EHRC’s website at the start of the investigation. In the 2018/19 reporting year, for instance, 47 employers were named and shamed in this manner
The final report that the EHRC produces is also published on their website.
On the 10th May 2019, the EHRC named and shamed 3 employers who had failed to report their gender pay gap data on time for 2 consecutive years in a row. One of those organisations was Typhoo Tea Ltd. The other two were Charlotte Tilbury Beauty Limited and Northern Automotive Systems Ltd.
The EHRC's chief executive, Rebecca Hilsenrath, stated at the time that the 3 employers were named and shamed that: "To tackle gender inequality in the workplace we first need transparency. All employers with 250 or more employees have to publish their gender pay gap information where everyone can see it. It’s the law and we take very seriously indeed any failure to do so, particularly for 2 years in a row."
Hilsenrath added: "These employers are not only facing investigations by the regulator, they are sending a message to their staff that they don’t care about equality and are exposing themselves to serious reputational damage."
