With just under three months to go until the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (GPG Regulations) come into force, the scope of employers’ reporting obligations remains unclear. Will this risk inconsistent reporting by companies?

The reporting obligation will apply to private, voluntary and public sector employers in the UK with at least 250 employees. That part is simple. One of the difficulties is unpicking which workers, employers are obliged to include in their gender reporting. The GPG Regulations use the wider Equality Act 2010 definition of employment, which encompasses employees, apprentices and anyone with a contract personally to do work. This covers zero hours employees and casual workers, plus other workers who provide personal services, which will include some independent contractors. But there are grey areas:

What about contractors who supply services via their own service company, or an intermediary?

What about agency workers who are employed by an agency but provide personal service to the client?

Should non-executive directors be included?

Niki Avraam, Employment Partner comments: While there are practical workarounds and arguably no wrong or right answer, these issues are bound to lead to inconsistencies in how employers in the same sector approach their data. Undoubtedly, the risk of reputational damage arising from negative publicity over gender pay gap issues and employment relations risks will be more significant for business than any fine imposed for failure to report.


Howat Avraam Solicitors provide Commercial, Employment and Contract Dispute advice to companies and business owners.  As business owners ourselves, we have a pragmatic in-house approach to resolving issues before they arise by working alongside our clients.  We are commercial, practical and entrepreneurial in our approach to legal services.

To discuss any employment matter on a no obligation basis, please contact Niki Avraam, Employment Partner, on 020 7884 9194 or email Niki at  Alternatively, visit our website at

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