Question

To ask the Minister for Women and Equalities, with reference to the statutory guidance entitled Preparing your data, updated on 11 August 2025, for what reason it is her policy that an employer may exclude an employee who does not self-identify as either gender from the relevant calculations.

The current gender pay gap reporting guidance was drafted in order to reduce the burden on business, and be mindful of variations in their data collection processes. This part of the guidance has not been updated recently.

We regularly look at a range of considerations when it comes to gender pay gap reporting and updating existing guidance, and we will continue to do so. For example, while the reference to non-binary employees has not been recently updated, a different section of the guidance was updated on 11 August 2025 to publish the latest Behaviour Insights Guidance for employers. We recognise the Supreme Court judgment has changed the landscape in this area; and we are carefully contemplating the impact of the ruling.