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Diversity

In the UK, the seminal report that has shaped gender policy to date is the Lord Davies report which was commissioned by the government and published in February 2011.  Recommendations were issued to various stakeholders including to companies and the Financial Reporting Council (FRC).  Companies were encouraged to adopt diversity targets whilst the FRC was encourged to revise the Code in order to accommodate greater disclosures on diversity.  The Davies Report introduced voluntary targets for women on boards. Its successor, the Hampton-Alexander report, has focused not only on boards themselves but on the pipeline of executive women, including the executive committee and its direct reports.

The expansion of the diversity provision in the 2012 Code was the FRC’s response to this report and ushered in a new era of transparency in this regard.  The 2012 Code recommends that companies should set out clear disclosures on diversity, including gender, any measurable objectives that it has set for implementing the policy, and progress on achieving the objectives. 

The 2018 Code, effective for periods commencing on or after 1 January 2019, builds in further requirements for boards to consider diversity in all its forms, including gender, social and ethnic backgrounds, cognitive and personal strengths. It calls again for regular board refreshment and proposes that diversity should be incorporated into the succession and appointment process and should be considered in board evaluations. It also introduces a reporting requirement for diversity in senior leadership, which aligns to the Hampton-Alexander report.

Pay gap disclosures

Employers with 250 or more relevant employees fall within the scope of the gender pay gap regulations, for which the first ‘snapshot’ of information was taken on 30 April 2017 for publication by April 2018. Employers are now working towards their second year of reporting in April 2019.

Employers publish the following information for each financial year:

  • the percentage difference in mean pay between male and female employees;
  • the percentage difference in median pay between male and female employees;
  • the percentage difference in in average bonuses received between male and female employees;
  • the proportion of men and women who receive bonuses; and 
  • the number of men and women in each quartile of pay within the workforce.

These gender pay gap disclosures are published outside the annual report.

The UK Government is currently consulting on introducing ethnicity pay gap disclosure regulations.

There are also initiatives at the EU level including the ‘Strategy for Equality between Women and Men 2010 – 2015’ (link to European Commission website) launched in September 2010 and the Green Paper on corporate governance framework (link to European Commission website) for listed companies published in April 2011.

Board diversity policy

The EU Non-Financial Reporting Directive requires large public-interest entities (PIEs) with more than 500 employees to report a non-financial information statement. Large companies listed on a regulated market are also required to provide information on their board diversity policy, covering age, gender, geographical diversity, and educational and professional background.  The Financial Conduct Authority (FCA) has made amendments to the Disclosure Guidance and Transparency Rules (DTR) to implement the new EU Non-Financial Reporting Directive (2014/95/EU) requirement for issuers to disclose their diversity policy in the corporate governance statement.

Correction list for hyphenation

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