Issue details - Annual Pay Policy including Gender Pay Gap Report

Annual Pay Policy including Gender Pay Gap Report

Statutory Notice PDF 13 KB

The publication of the Annual Salary Statement is a statutory requirement under Section 38 (1) of the Localism Act 2011. If Council does not approve the Salary Statement then the Council will be in breach of the legislation.

The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 requires local authorities and other public, private and voluntary sector organisations to publish their gender pay gap data. The Council must also publish a written statement on their public website and Government website using the gender pay gap reporting service.

Under the current Pensions Regulations, Torbay Council is able to exercise a range of discretions in regard to how the Local Government Pension Scheme (LGPS) is applied to its employees who are members of the Scheme. The Employers Pensions Discretions must be reviewed and approved by Council annually in line with Local Government Pension Scheme regulations.

Decision type: Key

Reason Key: High level of public interest;

Decision status: Recommendations Approved

Wards affected: (All Wards);

Notice of proposed decision first published: 18/01/2022

Decision due: 22 Feb 2022 by Cabinet

Decision due: 3 Mar 2022 by Council

Lead member: Cabinet Member for Corporate and Community Services

Lead director: Chief Executive

Contact: Jo Sandbrook Email: jo.sandbrook@torbay.gov.uk.

Consultation process

Trade Unions representing staff within Torbay Council will be consulted at Joint Consultative meetings.

Consultees

Torbay Council employees, including all employees who are members of the Local Government Pension Scheme.

Reason for inclusion in Forward Plan: Transparency of officer pay and grading and decisions in relation to pay for all Council staff, in compliance with Section 38 (1) of Localism Act 2011. Transparency in regard to the Council's pensions discretions, in compliance with the LGPS Regulations 2013, LGPS Regulations 2014 (Transitional Provisions and Savings) and the LGPS Regulations 2008 (Benefits, Membership and Contributions). Transparency of gender pay gap information, in compliance with the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017.

Key Risks: Non-Compliance with Section 38 (1) of Localism Act 2011, The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017. It is currently not determined as to whether there would be a financial penalty for non-compliance with the Localism Act however, under employment law non-compliance could result in heavy penalties for the Council (e.g. Equal pay and discrimination claims). In regard to non-compliance with Gender Pay Gap Reporting, this is included in the explanatory note to the Regulations that states that failure to comply with the duty will constitute an "unlawful act" within the meaning of s.34 of the Equality Act 2006, which empowers the Equality and Human Rights Commission (EHRC) to take enforcement action. In addition to the risk of enforcement action by the EHRC, the Council should also consider the potential damage to their reputation of non-compliance with the gender pay gap reporting duty.

If you want to make representations contact:: Anne-Marie Bond, Chief Executive of Torbay Council, Town Hall, Castle Circus, Torquay, TQ1 3DR, email anne-marie.bond@torbay.gov.uk, telephone (01803) 207015.

Decisions

25/02/2022 - Annual Pay Policy including Gender Pay Gap Report