How is the pay and bonus information of trans and non-binary staff treated for the purposes of a gender pay gap report?
Employers must be sensitive to how an employee identifies their gender, and take this into account when compiling data to determine the gender pay gap within the organisation. There is no definition of the terms ‘men’ and ‘women’ in the gender pay gap regulations, and it is for individuals to decide within which category, if at all, they fall into.
However, employers should never single out employees and question them about their gender. Instead, they should rely on information that the employee has previously provided, such as in HR or payroll records.
If this information is unavailable or unreliable, then another way to check gender must be used. This could be, for example, by asking all employees to confirm or update their gender, if needed.
If an employee does not self-identify as either gender, they can be excluded from the calculations.