Section 78A — Equality action plans

(1) [F1 Regulations may require employers to—]

(a) [F1 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) [F1 publish prescribed information relating to the plan.]

(2) [F1 This section does not apply to—]

(a) [F1 an employer with fewer than 250 employees;]

(b) [F1 a public authority, other than—]

(i) [F1 a public authority specified in Part 1 of Schedule 19, or]

(ii) [F1 a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry.]

(3) [F1 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) [F1 Accordingly, matters related to gender equality include—]

(a) [F1 addressing the gender pay gap, and]

(b) [F1 supporting employees going through the menopause.]

(5) [F1 The regulations may, among other things, make provision about—]

(a) [F1 the content of a plan;]

(b) [F1 the form and manner in which a plan or information is to be published;]

(c) [F1 when and how frequently a plan or information is to be published or revised;]

(d) [F1 requirements for senior approval before a plan or information is published;]

(e) [F1 descriptions of employers;]

(f) [F1 descriptions of employee;]

(g) [F1 descriptions of information.]

(6) [F1 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) [F1 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) [F1 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) [F1 A Minister of the Crown must consult—]

(a) [F1 the Commission, before making regulations under this section that apply to a public authority, and]

(b) [F1 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.]

Amendment notes

1. F1 S. 78A inserted (6.4.2026) by Employment Rights Act 2025 (c. 36), ss. 33(2), 159(3); S.I. 2026/323, reg. 3(1)(7)