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Original poster

Government guidelines will follow Supreme Courty ruling when it comes to pay gap

35 replies

IwantToRetire · 17/01/2026 18:21

Well, according to the Sun!

Bosses will be forced to use their staff’s biological sex when declaring their gender pay gap in a “common sense” victory.

Existing rules let firms interpret “male and female” as whatever the employee themselves identifies as.

The Sun can reveal that new guidance will soon be published that obeys last year’s landmark Supreme Court judgement that enshrines the rights of biology.

Around 10,000 large employers will be required by law to calculate the average gulf in pay between men and women.

The upcoming guidance states: “It is important for you to be sensitive to how an employee identifies their gender.

“The gender pay gap regulations do not define the terms ‘men’ and ‘women’.

Full article https://www.thesun.co.uk/news/37936392/bosses-use-biological-sex-gender-pay-gap/

Bosses to be forced into using biological sex for gender pay gap

BOSSES will be forced to use their staff’s biological sex when declaring their gender pay gap in a “common sense” victory. Existing rules let firms interpret “male and female” as whatever the emplo…

https://www.thesun.co.uk/news/37936392/bosses-use-biological-sex-gender-pay-gap/

OP posts:
Brefugee · 17/01/2026 22:57

agree, it has never been called the "sex" pay gap, but it does relate to the pay-gap caused by sex.

WomanWithoutNeedOfPrefix · 17/01/2026 22:56

Maybe it is just bad writing by the Sun, but the text it suggests will be in the new guidance is actually the current guidance. That instructs employers to record gender (not sex), and to discount anyone who doesn't want to self identify as a man or woman. Hopefully there will be be new guidance and it will make it clear that the pay gap must be based on sex.

TheywontletmehavethenameIwant · 17/01/2026 21:39

nicepotoftea · 17/01/2026 19:33

Honestly, they were. Gender was used as a polite (and slightly posher) way of saying sex in the 80s. Nobody was thinking about trans rights when they said 'gender'. Apart from anything else there wasn't a concept of 'transgender' - just transexual.

Show quote history

I agree, I've been hearing the Gender Pay Gap mentioned for years, it's always been a big thing for women's rights group's because women have traditional been paid less than men for doing the same job. I can't say I've ever hear of the Sex Pay Gap.

nicepotoftea · 17/01/2026 19:33

IwantToRetire · 17/01/2026 19:18

There was never a time when these 2 words were used interchangeably.

That is another trans myth.

You only need to look at old newpapers and the fact that the Sex Discrimination Law isn't the Gender Discrimination Law.

Gender was used by academics but for different reasons.

Show quote history

Honestly, they were. Gender was used as a polite (and slightly posher) way of saying sex in the 80s. Nobody was thinking about trans rights when they said 'gender'. Apart from anything else there wasn't a concept of 'transgender' - just transexual.

Original poster
IwantToRetire · 17/01/2026 19:18

nicepotoftea · 17/01/2026 19:16

I think the phrase dates from the time when gender and sex were used interchangeably.

Show quote history

There was never a time when these 2 words were used interchangeably.

That is another trans myth.

You only need to look at old newpapers and the fact that the Sex Discrimination Law isn't the Gender Discrimination Law.

Gender was used by academics but for different reasons.

OP posts:
nicepotoftea · 17/01/2026 19:16

RogueFemale · 17/01/2026 18:52

Is it actually called gender pay gap regulations? If so, very misleading.

I think the phrase dates from the time when gender and sex were used interchangeably.

StrongestWoman · 17/01/2026 19:13

Good. My employer ONLY recognises gender and does not have a tick box for sex with the consequence that I refuse to fill out the forms. I have specifically requested that I am excluded from the gender pay gap reporting as well.
Unfortunately I think it has caused some issues with my tax code as they also claim that HMRC only wants gender details.

Original poster
IwantToRetire · 17/01/2026 19:03

RogueFemale · 17/01/2026 18:52

Is it actually called gender pay gap regulations? If so, very misleading.

I think that is just an example of how over the years there has been this creeping transing of lanuage.

As it relates to the Equal Pay Act and the Sex Discrimination Act the word gender would never have come into it.

But of course they needed to make it sound like it was about "gender" because then employers could be made to think they could record someone who identifies as a woman being part of the statistics on women's pay.

OP posts:
RogueFemale · 17/01/2026 18:52

Is it actually called gender pay gap regulations? If so, very misleading.

AnSolas · 17/01/2026 18:30

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