The new gender pay gap reporting laws currently make no mention of transgender or non-binary employees – employers can only classify staff as male or female. Could this grey area mask a wider pay gap issue? Alex Christen from our Employment team speaks to Personnel Today.
Read her full article below.
What do the new laws say about transgender employees? At the moment, the gender pay gap legislation expressly requires employers to report on ‘men’ and ‘women’. But, these terms aren’t defined in any more detail – leaving employers to decide how to categorise transgender or non-binary staff. How should employers classify transgender employees for their report? Classifying employees by gender can be a sensitive subject for employers – gender pay gap reporting aside. Acas and government guidance suggests using employees’ HMRC or payroll records to determine their gender.