The UK pay transparency regulations: apparent transparency without accountability?

The UK enacted its first legal measure to address gender pay inequity, the Equal Pay Act 1970, more than 50 years ago. Yet, in 2021, the Gender Pay Gap (GPG) still stood at 15.4%. Departing from the remedial and individual approach that characterises equal pay legislation, the 2017 Gender Pay Gap Information Regulations (‘the Regulations’) require private and voluntary sector organisations with 250+ employees to annually publish pay data broken down by gender. The long-term aspiration of the Regulations is to contribute to closing the GPG within a generation but it is also hoped that they will encourage employers to change workplace policies to reduce organisational GPG (immediate aims) and improve employers' accountability (underlying aim). This article considers if the Regulations have what it takes to meet those immediate and underlying aims. Our assessment framework is built on the premise that for public disclosure to be useful and for employers to tackle the causes of the GPG, the information reported must be of sufficient quality, meaningful and relevant. The article draws on both doctrinal analysis and empirical data reported by FTSE 100 Index companies to assess the Regulations and determine if they hold the potential to meet those aims.

This article has been accepted for publication in a revised form in Legal Studies. This version is free to view and download for private research and study only. Not for re-distribution or re-use. © copyright holder.