The government has announced that it is going ahead with its earlier proposal to give employment tribunals power to order pay audits where an employer is found guilty of gender discrimination in relation to contractual or non-contractual pay matters.

Tribunals will not order audits where an audit has been completed in the last three years, the employer has transparent pay practices or the employer can show a good reason why it would not be useful. Failure to comply with an order will give rise to a civil financial penalty.

A second consultation will take place on the exact contents of equal pay audits, publication requirements (for example, whether this will be to the general public or to staff and staff bodies only) and other issues. Micro-employers will be excluded initially.

Key contacts

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Samantha Brown

Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London

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Steve Bell

Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne

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Emma Rohsler

Partner, Head of Employment, Pensions and Incentives, EMEA, Paris

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Fatim Jumabhoy

Partner, Head of Employment & Workplace Investigations, Asia, Singapore