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What documents do you need after a gender pay gap signal of five percent?

After a gender pay gap signal of five percent or more, not only the calculation itself matters, but also the report of the joint assessment with worker representation. This is the list of documents that go with it.

After a gender pay gap signal of five percent or more in a category, you need at least four types of documents: the underlying calculation that led to the signal, the job classification on which that calculation is based, the pay policy with the criteria used, and the report of the joint assessment with worker representation. This last document is what sets this topic apart from other reporting obligations: it is not an internal exercise, but a process that you go through together with the works council or a trade union representative.

A gender pay gap signal arises when the calculation per category shows a difference of at least five percent between the average pay of men and women in work that has been classified as equivalent, and that difference has not been explained with objective, gender-neutral criteria. What follows is a period in which the employer assesses together with worker representation what caused the signal. This is a different kind of process than drawing up a report: you need a discussion partner, and that discussion should be documented.

The calculation that led to the signal

The first document you need is the report or calculation itself: the outcome per category, the pay components used and the period over which the calculation was made. Without this document, the next step cannot be substantiated, and it is also the document that worker representation will ask for. Keep not only the outcome but also the assumptions: which pay components were included, which categories were combined, and what reference date was used.

The job classification on which the category is based

A gender pay gap signal is calculated per category of equivalent work. This makes the underlying job classification relevant: how was it determined that the jobs in that category are equivalent, and on what criteria is that classification based. Without this document, it is not possible to reconstruct why a particular group of jobs was combined, and that is precisely what worker representation often asks about first. For those who still need to start here, you will find in the knowledge base with explanation per topic how a classification based on objective, gender-neutral criteria looks.

The pay policy and the criteria used

The pay policy describes which factors within your organization influence pay: seniority, responsibility, education level, or other criteria. This document is needed to show on what basis pay differences within a category can arise, regardless of whether a specific difference in an individual case is justified. That assessment is not the responsibility of a system and not of this editorial team; it belongs with the employer, possibly with legal advice, and with the competent supervisory authority.

The report of the joint assessment

This is the document that this topic is about. The assessment after a signal is not a one-sided exercise: it takes place together with worker representation, and that requires a documented report of what was discussed, what explanations were provided and what next steps were agreed. Without this report, there is no evidence that the discussion actually took place, and that is a different kind of shortcoming than a calculation error in the report itself.

A possible corrective plan with deadlines

If the assessment shows that steps are needed, these should be accompanied by a plan with concrete actions and deadlines. This does not need to be an extensive document, but it must align with what was agreed in the report of the joint assessment. Also keep any subsequent progress notes: if an update is requested, progress can then be demonstrated immediately.

Why this is relevant here

With job classification or an individual information request from an employee, documentation is primarily internal: you record what you have done and why. When a signal of five percent appears, an external party is involved, in the form of worker representation, and that changes what is needed. It is not just about a correct calculation, but about a demonstrable joint process. Those who do not recognise this as a separate point of attention miss the part that is most frequently requested.

Whether your organisation is currently dealing with a signal and which step comes next can be seen with a few questions via the compliance check that maps out your situation. How the underlying calculation is arrived at is described on the page about how the data and sources are used. And those who wish to systematically document the documents around a signal, including the report of the joint assessment, will find the templates for this in the components of the subscription.

This page describes which documents belong to this subject; it is not a substitute for legal advice on a specific signal in your organisation. If you are uncertain about the interpretation of a specific difference, consult a lawyer or the competent supervisory authority. If you first want to see where your organisation stands, take the free quick-scan or continue reading in the knowledge base.

This article is general information and not legal advice.