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’.
“You should not single out employees and question them about their gender.”
It adds: “If an employee does not self-identify as either gender, you can exclude them from your calculations.”
The new guidance is one of many areas of public life being overhauled to prioritise biology over elected gender, including single-sex spaces like toilets.
Equalities Minister Bridget Phillipson has been accused of dragging her heels on publishing the edict to companies from the Equalities and Human Rights Commission of how to implement this in their workplaces.
But a government source told The Sun: “We’re working flat out to update gender pay gap guidance in line with the Supreme Court ruling so that employers can have clarity around what is expected of them.”
“While some want to play politics with these issues, Ministers are pushing to get on with the job of implementing the ruling, pushing for common sense solutions that put the law into practice.
“This government is crystal clear on the importance of single sex spaces and women’s empowerment, while ensuring dignity and respect for everyone.”
