http://www.legislation.gov.uk/ukpga/2025/36/section/33Employment Rights Act 2025enStatute Law Database2026-04-09Expert Participation2026-04-07 Part 2 33 1 The Equality Act 2010 is amended as follows. 2 In Part 5 (work), in Chapter 3 (equality of terms), after section 78 insert— 78A 1 Regulations may require employers to— a develop and publish a plan (an “equality action plan”) showing the steps that the employers are taking in relation to their employees with regard to prescribed matters related to gender equality, and b publish prescribed information relating to the plan. 2 This section does not apply to— a an employer with fewer than 250 employees; b a public authority, other than— i a public authority specified in Part 1 of Schedule 19, or ii a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry. 3 For the purposes of subsection (1), a matter is related to gender equality if it is related to advancing equality of opportunity between male and female employees. 4 Accordingly, matters related to gender equality include— a addressing the gender pay gap, and b supporting employees going through the menopause. 5 The regulations may, among other things, make provision about— a the content of a plan; b the form and manner in which a plan or information is to be published; c when and how frequently a plan or information is to be published or revised; d requirements for senior approval before a plan or information is published; e descriptions of employers; f descriptions of employee; g descriptions of information. 6 The regulations may not require an employer, after the first publication of information, to publish information more frequently than at intervals of 12 months. 7 The regulations may make provision for a failure to comply with the regulations to be enforced, otherwise than as an offence, by such means as are prescribed. 8 The reference to a failure to comply with the regulations includes a reference to a failure by a person acting on behalf of an employer. 9 A Minister of the Crown must consult— a the Commission, before making regulations under this section that apply to a public authority, and b the Welsh Ministers, before making regulations under this section that apply to a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry. 3 In Part 16 (general and miscellaneous), in section 208(5) (regulations subject to affirmative procedure), after paragraph (b) insert— ba regulations under section 78A (equality action plans); . S. 33 not in force at Royal Assent, see s. 159(3)S. 33 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(7)