McGuireWoods London associate Adam Penman wrote an
article for the July 2020 issue of HR Magazine about issues employers may
face under the United Kingdom’s gender pay gap legislation.
Focusing on the reporting of transgender or nonbinary employees, Penman
wrote, “The legislation, perhaps unwittingly, brings employers into the
debate about how to define gender as it is up to the discretion of
employers to decide practically how to include trans people in their
The article highlighted the need for transparent, consistent reporting by
employers and cited a number of hurdles to overcome, including
confidentiality and data protection issues, potential inconsistencies in
reporting approaches and the incorrect identification of individuals.
“As the trans movement continues to inform the debate on gender and
equality, it is important to maintain momentum for accountability for pay
injustices and benchmark progress by acknowledging gender nuances in
reporting, at the very least by including trans employees’ in accompanying
pay gap reporting narratives,” wrote Penman.