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19 February 2018

Gender pay sanctions

The Equality and Human Rights Commission (EHRC) is undertaking a consultation on its draft enforcement strategy for private, voluntary and public sector employers who fail to comply with the requirement to publish gender pay gap information under the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017.

Although the EHRC would engage with employers on an informal basis initially, it would take enforcement action where employers do not subsequently publish the required data. Employers will be offered the opportunity to enter into written agreements specifying the action required. Employers who are still in breach will then be issued with unlawful act notices. Continued failure to comply may lead to proceedings resulting in unlimited fines and summary convictions. The EHRC will also encourage employers to publish the required data by promoting awareness as well as monitoring and publishing compliance statistics.

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