EEF has responded to the Equality and Human Rights Commission (EHRC) consultation on its policy to enforce the Gender Pay Gap Reporting Regulations.

In addition to responding to the consultation survey questions, we have added additional commentary including:

• Our challenge as to whether the EHRC actually has the legal power to take enforcement action in respect of non-compliance with the Regulations
• The need for greater flexibility in the timeline for enforcement action, in particular in light of the fact there remain a number of "grey" areas within the Regulations
• Our concerns around EHRC's proposals to take enforcement action again employers who publish inaccurate data and how EHRC would determine what "accurate" means given the areas that are still lacking in clarity.
• Our endorsement for EHRC's proposal and emphasis on awareness-raising and education, particularly around the accuracy of reported figures and how accuracy can be improved over time.
• Proposing an alternative form of enforcement in the first year when inaccuracies are more likely to occur.
• Our concerns and opposition to the recent proposal from the Government Equalities Office to publish a list of employers who have not register and/or published their figures ahead of the deadline set in the Regulations. 

You can download and read our full response below.