The Equality Act 2010 (Equal Pay Audits) Regulations 2014

Publishing an audit

9.—(1) This regulation applies where a tribunal makes an order under regulation 7(2) or 8(3).

(2) Subject to paragraph (3), the respondent must, not later than 28 days after the date of the order, publish the audit—

(a) if the respondent has a website, by placing it on the respondent’s website for a period of at least 3 years starting with the date on which it is placed on the website; and

(b) by informing all persons about whom relevant gender pay information was included in the audit where they can obtain a copy.

(3) Where the respondent considers that publication under paragraph (2) would result in a breach of a legal obligation, the respondent—

(a) must, so far as possible, publish the audit in accordance with paragraph (2) with such revisions as it considers necessary to ensure compliance with that obligation while still ensuring compliance with regulation 6; or

(b) where it is satisfied that it is not possible to comply with sub-paragraph (a), need not publish the audit.

(4) Where the respondent publishes the audit under paragraph (2), it must send to the tribunal evidence of this not later than 28 days after the date of publication of the audit.

(5) Where the respondent publishes the audit under paragraph (3)(a), it must send to the tribunal—

(a) evidence that the audit has been published; and

(b) adequate written reasons why it considers that publication under paragraph (2) would result in a breach of a legal obligation,

not later than 28 days after the date of publication of the audit.

(6) Where the respondent, in reliance on paragraph (3)(b), does not publish the audit, it must send to the tribunal, not later than 28 days after the date on which the tribunal makes an order under regulation 7(2) or 8(3), adequate reasons in writing explaining why it considers that publication would result in a breach of a legal obligation and why it is satisfied that it is not possible to comply with paragraph (3)(a).