Gender pay gap reporting and employee share schemes
Produced in partnership with Sam Whitaker of Shearman & Sterling
Gender pay gap reporting and employee share schemes

The following Share Incentives practice note produced in partnership with Sam Whitaker of Shearman & Sterling provides comprehensive and up to date legal information covering:

  • Gender pay gap reporting and employee share schemes
  • Gender pay gap reporting—basic principles
  • Relevance and treatment of employee share plans in gender pay gap reporting
  • Assessing the bonus period for share plans/options
  • Inclusion of share awards under foreign/parent company share plans?
  • Treatment of share awards in gender pay gap vs gender bonus figures
  • Specific treatment of different types of plans
  • Tax-advantaged schemes
  • Non-tax advantaged schemes

Coronavirus (COVID-19): On 24 March 2020, the Government Equalities Office and Equality and Human Rights Commission announced that, due to the Covid-19 crisis, enforcement of the gender pay gap reporting deadlines would be suspended for the 2019/2020 reporting year. That decision means that there will no expectation on employers to report their gender pay gap date for that reporting year.

On 6 April 2017, the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (the Regulations), SI 2017/172 came into force. Under the Regulations, SI 2017/172, large voluntary and private sector employers (ie those employing 250 or more employees as at 5 April of each year) are required to make certain public disclosures on their gender pay gap figures for relevant employees. This Practice Note looks at how remuneration and rewards which are received by employees through various types of employee share plans are treated for the purposes of gender pay gap reporting and, in particular, how such share plans are treated in assessing bonus pay and the gender bonus gap.

Gender pay gap reporting—basic principles

The Regulations, SI 2017/172 apply to all relevant employers. Relevant employers are private and voluntary sector employers with 250 or more employees as at 5 April each year (a report in August 2018 by the House of Commons Business, Energy and Industrial Strategy Committee, called on the government to widen the net of

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