New rules will apply to equal pay complaints made on or after 1 October 2014. Under the Regulations employment tribunals now have the power to order an employer losing an equal pay case to carry out an equal pay audit. The audit would have to be published on the employer's website for three years. Employers failing to comply with the requirements risk unlimited financial penalties as they may be fined up to £5,000 for each failure to comply with an ET order. There will be limited exemptions for small businesses, new businesses and for businesses recently having completed an equal pay audit.
The Government acknowledge that there may be data protection issues preventing publication but believe this is likely to be rare. The Government have also stated that no guidance on the Regulations will be issued as the EHRC already provide guidance on equal pay audits.
Click here for the regulations.
Click here for the EHRC guidance.