Demystifying the EU Pay Transparency Directive for UK employers

by Rocio Carracedo Lopez, Brightmine International Legal Editor

Employers with employees in the EU, cross-border roles or pay frameworks across multiple countries may need to understand how new transparency rules could affect recruitment, pay structures and internal processes. Understanding the EU Pay Transparency Directive‘s scope, purpose and impact and how it interacts with existing UK pay practices will become increasingly important.

What are the key measures under the EU Pay Transparency Directive?

The Directive introduces wide-ranging pay transparency and enforcement measures, including:

• Gender pay gap reporting for larger employers, extending over time to employers with 100+ staff);
• Joint pay assessments where reporting shows an unexplained gender pay gap of 5% or more;
• Pay transparency in recruitment, including disclosure of pay ranges and a ban on questions about pay history;
• Clearer rules on pay setting, with employers required to explain how pay and progression are determined;
• New information rights, allowing workers to access pay data for comparable roles;
• A ban on pay secrecy clauses; and
• Stronger enforcement, including a reversed burden of proof, compensation for discrimination and financial penalties.

When are the Directive’s provisions in force?

• 6 June 2023 – The EU Pay Transparency Directive entered into force. All member states have three years to transpose (implement) the Directive into national law.
• 7 June 2026 – Transposition deadline. Employers must comply with the Directive’s core transparency requirements, including pre‑recruitment pay transparency, workers’ pay information rights and the ban on pay secrecy, subject to national implementation.
• 7 June 2027 – The first gender pay gap reports are due. Employers with 250 or more employees must report annually. Employers with 150 to 249 employees must submit their first report by this date and then report every three years.
• 7 June 2031 – Employers with 100 to 149 employees will be required to report for the first time and then every three years.

Note: Although the Directive sets these deadlines, some countries may be delayed or specify more stringent requirements, therefore employers will need to monitor the development of local laws closely to confirm when specific obligations take effect.

What is the impact of the Directive for UK employers? 

UK-based multinationals may choose to align their UK approaches with EU transparency standards to avoid internal inconsistencies, manage employee expectations around pay and transparency, and support global pay frameworks.

Post Brexit, the UK is not required to transpose or implement the EU Pay Transparency Directive. As a result, the Directive does not change UK equal pay law or gender pay gap reporting obligations.

However, the Directive is relevant for UK-based or non-EU employers with operations in the EU. Where a company employs workers in one or more EU member states, the Directive applies to those employees regardless of where the employer is headquartered. In practice, this means that UK employers with at least 100 employees in an EU country will need to comply with national implementing legislation in that country.

In any case, UK-based multinationals may choose to align their UK approaches with EU transparency standards to avoid internal inconsistencies, manage employee expectations around pay and transparency, and support global pay frameworks.

How does the Directive differ from current UK legislation?

In Great Britain, relevant employers in the public sector with 250 or more employees on the “snapshot date” of 31 March in the year to which the information relates, and in the private and voluntary sectors with 250 or more employees on the “snapshot date” of 5 April, are obliged to publish gender pay gap information annually. The report must be uploaded to the Government’s website. The obligation currently applies in England, Scotland and Wales – not Northern Ireland.

Employers are encouraged to provide a narrative alongside their gender pay gap figures, where they can present an explanation to put their figures in context and set out any steps that they have taken, or intend to take, to address their gender pay gap issues.

The Regulations do not require employers to disclose initial pay levels or ranges in job adverts or prohibit inquiries about candidates’ pay history. Equally, workers do not have the right to request individual and average pay data by gender for comparable roles. 

The EU Directive imposes stronger obligations in terms of employee and job candidate information, obliges employers to carry out joint pay assessments where necessary and establishes sanctions for non-compliance. The Directive shifts the focus from reporting to accountability as it introduces a broader range of pay transparency measures, places more emphasis on the involvement of employee representatives and makes employers more responsible for their pay structures.

Will the Directive change UK policy discussions? 

The Directive is shaping UK policy discussions on gender pay gap reform and pay transparency. For example, under the Employment Rights Act 2025, employers with 250 or more employees will be required to publish an action plan alongside their annual gender pay gap report. The action plan must set out the steps the employer is taking to address its gender pay gap and to support employees going through the menopause. The Government has confirmed that this requirement will take effect in 2027.

However, employers will have the option to publish an action plan voluntarily from April 2026, alongside their existing gender pay gap reporting obligations. This mirrors a key component of the EU Pay Transparency Directive, which is taking remedial action or explaining how gaps can be addressed.