Section 78A — Equality Act 2010: Equality action plans

Equality action plans 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.