...and any accompanying report as required under the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017.
ACAS and the Government Equalities Office have issued updated joint guidance (Guidance) which now includes specific advice on calculating weekly working hours for term time only staff.
The Gender Pay Reporting Regulations themselves do not account for term time only working. This meant that on a technical application of the Regulations, term time only employees could appear to be paid at an artificially low gross hourly rate. This in turn could lead to a distorted gender pay gap.
The updated Guidance now helpfully suggests that schools may report their data in a way that more meaningfully reflects atypical working arrangements such as term time only working. The Guidance contains worked examples setting out suggested methodology to adopt for different categories of term time only and/or annualised workers. The updated guidance can be found here. We have also updated our FAQs available on our OnStream portal.
Please note this does not change the approach to teaching staff, but helpfully the latest guidance does confirm our recommended approach that it is reasonable to pick a fair estimate of weekly hours where these are not expressly stated in their contract.
Before publishing your school's gender pay data, it may be sensible to carry out further calculations in order to test the extent to which the methodology contained in the updated Guidance could help reduce your school's reported pay gap.