Employers Who Missed Gender Pay Gap Reporting Deadline Up Slightly
The number of employers who have been named and shamed by the Equality and Human Rights Commission (EHRC) for missing the gender pay gap reporting deadline is up slightly from last year, with 10 employers named. This is up 4 from last year's 6.
Gender Pay Gap: Missed Deadline
Whilst there has been a small increase in non-compliance, this year's total is well down from the first year of gender pay gap reporting in which there were 47 employers named and shamed (2018/19). Since 2018/19, as each year has gone by, compliance levels have increased, with the numbers of employers being named and shamed falling. In the 2021/22 reporting year, for example, the number had fallen to 28, whilst in 2022/23 there were only 8, and then just 6 last year. Accordingly, the increase to 10 year this year, represents the first year on year increase in non-compliance in the history of gender pay gap reporting.
Named & Shamed
Among the organisations called out by the EHRC are well-known names such as Strike, the parent company of estate agent Purplebricks, Robinson Webster (Holdings), owner of Jigsaw, and Seafood Trading. Other employers include Healthy Retail Ltd (t/a Pure) and Trocadero (London) Hotel (which is part of the Zedwell hotel chain). The other employers on the list are BCM Employment & Management Services, Cooper Tire & Rubber Company Europe, L’Arche, N. Notaro Homes, and Radish Food Services Group.
Enforcement Action
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. The final report that the EHRC produces is also published on their website.
Comment
Commenting upon the non-compliance by the 10 employers in relation to their gender pay gap reporting obligations, the Chief Executive of the of EHRC, John Kirkpatrick, stated: "In order to address potential pay inequality or discrimination, organisations must give themselves the tools to find out if it’s happening. Without tracking and reporting their gender pay gaps, they are unable to do so. We’re disappointed that ten organisations have failed to report their data and have written to them again to remind them of their legal obligations. If they fail to submit their data following this, we will take appropriate enforcement action."
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