To address pay gap, mandatory action plans could reshape gender pay reporting
Partner, P.M.
PM Partner - HeinOnline
Summary
The research paper, "To address pay gap, mandatory action plans could reshape gender pay reporting" by P.M. Partner (2026), provides a forward-looking analysis of significant impending changes to gender pay gap reporting, primarily driven by the Employment Rights Act 2025, which received Royal Assent in December 2025 and was previously known as the Employment Rights Bill (ERB). The paper is situated in a pivotal year, 2026, when many of the Act's provisions regarding gender pay gap reporting are beginning to take effect, initially on a voluntary basis in April 2026 before becoming legally mandatory for larger employers in 2027. The methodology of this paper can be inferred as a policy analysis, examining the legislative framework established by the Employment Rights Act 2025 and its projected impact on corporate practices and gender equality. The author likely scrutinizes the shift from the previous regime—where employers with 250 or more employees were required to report their gender pay gap data, often with optional accompanying narratives—to a system mandating proactive "equality action plans". The paper would therefore analyze the legal and practical implications of these new requirements, potentially drawing on existing literature regarding the effectiveness of different approaches to gender pay transparency. The paper's central finding is that mandatory action plans, as stipulated by the Employment Rights Act 2025, represent a crucial and transformative step in the effort to reduce the gender pay gap. It argues that the ERB (now Act) is poised to fundamentally reshape how organizations approach and address pay disparities, moving from passive reporting to active intervention. These mandatory action plans will require employers to not only explain the causes of any identified pay gaps but also to detail specific, measurable commitments and actions being taken to close them. The implications are far-reaching. For employers, especially those with 250 or more employees, the new requirements mean a significant increase in accountability and a more strategic approach to pay equity. They will need to conduct thorough data-driven analyses to understand the root causes of their pay gaps, such as recruitment and promotion practices, flexible working policies, and parental leave support, and then implement evidence-based initiatives to address these issues. The Act also extends accountability by requiring employers to include information on the pay gaps of outsourced service providers in their reports, fostering greater transparency across supply chains. Ultimately, the paper implies that these mandatory measures will compel organizations to integrate gender pay gap reduction into their core diversity, equity, and inclusion strategies, leading to more meaningful and measurable progress towards achieving genuine pay equality.
Key Findings
- - The Employment Rights Act 2025 (formerly the ERB) makes gender pay gap action plans mandatory for employers with 250+ employees, shifting reporting from optional narratives to compulsory, detailed commitments.
- These mandatory action plans, becoming a legal obligation in 2027 after a voluntary introduction in April 2026, require employers to explain pay gap causes, detail actions taken, and outline specific measurable commitments for reduction.
- The new legislation significantly reshapes gender pay reporting by requiring a proactive, evidence-based approach to closing the pay gap, including accountability for outsourced workers.
- Employers will need to develop and publish equality action plans annually, demonstrating how they will advance gender equality and support employees, including those going through menopause.