Publications

NIHRC Submission to the Department for Communities’ Public Consultation on Gender Pay Gap Information Regulations

Date produced: February 2025

Below is a summary of the Northern Ireland Human Rights Commission's (NIHRC) recommendations and messages.
You can also download the full document through the links provided.

Commission Position

The Commission has long held the position that the gender pay gap and insecure, low-paid employment of women in NI is effectively addressed and monitored. This includes adopting a gender budgeting approach and ensuring that the provisions regarding mandatory pay gap reporting in the Employment Act (NI) 2016 are brought into effect in NI.

The Commission has also recommends that employers are required to publish a narrative with their gender pay gap data and that this is evaluated, including through a gender budgeting lens. Immediate steps should be taken to address any issues identified.

Furthermore, as required by Windsor Framework Articles 2 and 13, the Commission recommends that legislation is urgently brought forward to amend NI law to ensure it keeps pace with those provisions of the EU Pay Transparency Directive that amend and/or replace provisions of the EU Gender Equality (Employment) Directive, by 7 June 2026.

Further information is available within the Annual Statement 2024.

Summary Recommendations

2.6 The NIHRC recommends that the Department for Communities, working with the NI Executive and NI Assembly, urgently bring forward legislation to amend NI law by June 2026 to ensure it keeps pace with those provisions of the EU Pay Transparency Directive that amend and/or replace provisions of the EU Gender Equality (Employment) Directive.

3.8 The NIHRC recommends that the Department of Communities, supported by the NI Executive, introduce regulations on gender gay gap reporting which are sufficiently led by the context of employment sectors in NI, and capture as many employers as possible to ensure a complete view of the gender pay gap in NI.

3.9 The NIHRC recommends that the Department for Communities, working with the NI Executive and NI Assembly, urgently bring forward legislation to ensure NI law reflects the minimum employer thresholds in the EU Pay Transparency Directive for gender pay gap reporting by June 2026.

4.5 The NIHRC welcomes the proposed approach of adopting a standardised methodology for calculating gender pay information is welcomed. The NIHRC recommends that the Department for Communities ensures that gender pay gap monitoring assesses both the steps taken and the results achieved in the elimination of discrimination, this can be aided by considering the principles of gender budgeting when establishing which methodology to adopt in NI, such as transparency, enabling evidence-based decision-making, and robust analysis of gendered impacts across all equality groups.

4.6 The NIHRC recommends that the Department for Communities considers how gender pay gap reporting will feed into wider work on gender mainstreaming and the Gender Equality Strategy, and any relevant cross-departmental work, such as the Department of Finance in the development of gender budgeting approaches.

5.4 The NIHRC recommends that Department for Communities ensures that the regulations place a requirement on employers to regularly publish comprehensive gender pay gap information that is understandable, fully accessible and considers specific needs, including providing for reasonable accommodation where required.

6.5 The NIHRC recommends that the Department for Communities requires other characteristics, such as race/ethnicity, disability, age, sexual orientation, language, and urban/rurality to be provided by employers on gender pay gap. This should include a requirement that data is collected and published in a way that accommodates and identifies multiple intersectionality, where relevant.

7.5 The NIHRC recommends that the Department for Communities ensures that any sanction imposed for the purposes of ensuring reliability and accountability for gender pay gap reporting is reasonable and effective. Also, that the process for making an individual or collective complaint that could lead to a sanction is affordable, accessible and timely.

Click here to open PDF version