Gender Pay Gap Information Act 2021

On 13 July 2021, the Gender Pay Gap Information Act 2021 (Act) was signed into law.

Under the Act and regulations certain employers will be required to publish information relating to the remuneration of their employees by reference to the gender of such employees. The Department of Children, Equality, Disability, Integration and Youth has indicated that the reporting process will begin in 2022.

The Act will only apply to employers with 250 or more employees in the first two years. In the third year, the requirements will also apply to employers with 150 or more employees. Thereafter, the requirements will apply to employers with 50 or more employees. The Act will not apply to employers with fewer than 50 employees.

The Minister for Children, Equality, Disability, Integration and Youth, will draft regulations to give effect to the provisions of the Act. The Act provides for the Minister to introduce regulations requiring employers;

• to show whether there are differences in  remuneration referable to gender, and if there are such differences, the  size of such differences; and
• to publish statements or narratives setting out the  reasons for such differences, and the measures, if any, taken, or proposed   to be taken, to eliminate or reduce such differences.

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Employers will be obliged to report the following information:

1. the difference between the hourly remuneration of male and female employees;
2. the difference between the bonus remuneration of male and female employees;
3. the difference between the remuneration of part-time male and female employees; and
4. the proportions of men and women receiving bonuses  and benefits-in-kind.

An individual employee may make a complaint to the Workplace Relations Commission (WRC) for non-compliance with reporting regulations by their employer.  The WRC may order a specified course of action on the part of the employer to ensure compliance with its gender pay gap reporting obligations. There is no provision for the payment of compensation to the employee.

Employers should take steps now to identify and rectify any pay gaps which may exist within their organisation in order to comply with the legislation.

We would be happy to address any questions employers may have on the implications of the legislation, including advising employers on how to prepare for their gender pay gap reporting obligations.

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