Government papers: Closing the gap: enforcing the gender pay gap regulations

This draft policy sets out the Equality and Human Rights Commission’s (EHRC) planned approach to enforcing the gender pay gap regulations, including penalties and fines.

The Commission’s policy – which is open for consultation until 2 February 2018 – explains how the Commission will use a range of its powers:

• it may investigate suspected breaches of the regulations by private and voluntary sector employers and offer them the opportunity to enter into a formal agreement to comply as an alternative to continuing with the investigation. Such agreements can themselves be enforced if not complied with
• it may issue unlawful act notices against employers who do not accept the offer of an agreement and who are found to have breached the regulations as a result of the investigation. These unlawful act notices will require employers to comply with an action plan which can be enforced through court orders
• it may seek summary convictions and an unlimited fine to those who still refuse to comply with a court order.

Similar enforcement powers exist in relation to public sector employers.