With the deadline fast approaching for UK employers to report their gender pay gaps, we sent a Freedom of Information Act request to find out what happens to employers that don’t comply.

The gender pay gap reporting deadline for your 2025/6 gender pay gap data is now just a month away – 4 April 2026 for private sector employers.

But what happens to those employers that miss the deadline or report inaccurate data?

We sent a Freedom of Information Act request to the Equality and Human Rights Commission (EHRC) to ask about this.

What did we find out about gender pay gap reporting enforcement?

We asked about gender pay gap enforcement in relation to the 2023-2025 reporting deadlines. The data revealed that, over this time period, the EHRC issued nearly 1,900 warning notices for non-compliance with GPG reporting obligations, but didn’t impose a single fine.

Warning notices for non-reporting:

  • 2023: 652 employers
  • 2024: 609 employers
  • 2025: 625 employers

Formal enforcement action:

  • Investigations launched: Zero
  • Court orders obtained: Zero
  • Fines imposed: Zero

The Commission confirmed explicitly that it "did not take formal enforcement action / use [its] enforcement powers" in relation to GPG non-compliance across this entire period.

An increasing focus on accuracy of data, not just non reporting

While formal enforcement remains absent, the data reveals a growing focus on data accuracy.

The EHRC wrote to 30 employers in 2024 and 42 employers in 2025 regarding the accuracy of their GPG data. This is a 40% increase, though given that there are around 11,000 employers that report gender pay gaps, this remains a very tiny fraction of the overall reporting population.

We understand from sources familiar with the EHRC's approach that potentially inaccurate statistics are identified through a range of statistical indicators, including:

  • Significant year-on-year fluctuations in reported figures
  • Statistically impossible median gaps when considered against reported quartile data
  • Figures that appear "too perfect" or statistically improbable

This suggests the EHRC is becoming more sophisticated in its data analysis capabilities, even if formal sanctions remain off the table.

Does the EHRC actually have legal powers to enforce gender pay gap reporting?

Arguably, no.

The EHRC derives its enforcement powers from the Equality Act 2010, which grants it authority to enforce  breaches of that legislation. However, the gender pay gap reporting obligations are not contained in the Act. They sit in the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, which do not explicitly confer any extra enforcement powers on the EHRC.

This is not merely an academic point. The architecture of the enforcement regime matters. If the EHRC's powers are derived solely from the Equality Act 2010, and the Regulations are technically a separate piece of subordinate legislation, there is at least an argument that the EHRC is operating beyond its strict statutory remit when it purports to enforce compliance.

In practice, this legal ambiguity is unlikely to be tested. No employer wants to be the landmark case that challenges the EHRC's jurisdiction, particularly when the simpler course is simply to comply with reporting obligations. But the fact that this question remains unanswered adds another layer to the enforcement picture: not only has the EHRC chosen not to impose sanctions, but its ability to do so may be more legally fragile than commonly assumed. This fact – combined with a lack of resources – may be why its enforcement approach is light touch.

What is the risk of inaccurate gender pay gap reporting?

Employers should not interpret the absence of fines as permission to deprioritise accuracy. There are several compelling reasons why rigorous reporting remains essential:

  • Reputational exposure: Inaccurate gender pay gap data, once published, is publicly available and subject to media and stakeholder scrutiny. A correction or restatement attracts far more attention than the original publication.
  • Employee relations: Employees are increasingly data-literate. Published figures that do not reflect workplace reality undermine trust and can be used against you in claims.
  • Regulatory direction of travel: The EHRC's rising focus on accuracy – shown by the 40% increase in accuracy-related correspondence – signals where enforcement attention may be heading. It’s more important than ever to not just publish on time, but to publish accurately and on time.

What does this mean for employers?

In light of this enforcement landscape, employers should consider the following steps:

  • Audit your methodology: Ensure your gender pay ga reporting processes are documented, defensible, and consistently applied year-on-year. Sudden changes in figures without clear explanation may attract EHRC attention.
  • Sense-check your data: Before publication, review figures for statistical plausibility. Does your median gap make sense given your quartile distribution? Are year-on-year movements explicable?
  • Retain supporting documentation: Keep records of your data extraction, categorisation decisions, and calculation methodology for at least three years to demonstrate compliance if queried.

For now, employers committed to accurate, transparent reporting should take some comfort: while the regulatory consequences of poor compliance may be minimal, the commercial and cultural benefits of getting it right remain significant.

Want to know more about how to get gender pay gap reporting right? Read our free guide.

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