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What documents support a pay difference during the six months following a signal?

After a gender pay gap signal of five percent or more, a six-month period begins in which you map the difference. This article lists which documents belong to this and why the substantiation per job category is the core point.

If the report shows a pay difference of five percent or more within a job category, a six-month period begins in which that difference is investigated. The core of the documentation you need during that period does not revolve around a list of receipts, but around one thing: demonstrating per job category on the basis of which objective, gender-neutral criteria the compensation is determined. This is the detail that carries the most weight on this subject, and it determines which documents are and are not relevant.

The foundation is the job classification: the document setting out which roles are considered equivalent and on what criteria that classification is based. Without that classification, a pay difference between two roles cannot be understood, let alone substantiated. In addition, the compensation policy is needed: the rules on how salary, allowances and other compensation components are set, and whether those rules are applied in the same way for everyone in the same category.

The figures behind the signal

The signal itself comes from the report, but substantiation requires more detail than the report itself contains. Relevant are the compensation components per employee within the category, broken down into base salary and variable elements, and the period over which they were measured. Seniority, part-time factor and any allowances also belong in that overview, because they often provide the real explanation for a difference. Without that breakdown, you are left with the percentage from the report, and that percentage alone does not tell you where the difference comes from.

How those figures are built up and why a calculation module arrives at a particular percentage is something employers often only ask about at this stage. how the calculation is precisely arrived at shows which steps it contains and what data is needed for it.

Why the job category is the starting point

A pay difference is assessed within a category of equivalent work, not organisation-wide. This means that the substantiation must focus on that one category: which roles fall under it, on what criteria, and what compensation differences exist within it. A comparison with roles outside the category adds little at this stage, even if that comparison sometimes feels more logical to the organisation.

This makes the quality of the earlier job classification directly decisive for how smoothly this process proceeds. If that classification was well documented at the time, substantiation is a matter of adding figures. If that documentation is missing, it must first be built up, and in practice that is what takes the most time. search the knowledge base for job classification and equivalent work gives you a first picture of what is needed for it, without requiring you to create an account.

What is not substantiation

A common misconception is that an explanation after the fact is sufficient: 'this difference has existed for years' or 'this employee simply has longer service' are observations, not substantiation. Substantiation links the difference to a criterion that was established in advance and applies in the same way to the entire category. Whether a reason ultimately comes to be seen as justified is for the supervisor or, in a dispute, for the court. Payria structures and calculates, and does not itself make such judgments.

Documenting and maintaining

In addition to the substantive documents, the timing of their recording is important: when was the job classification drawn up, when was it last updated, and who approved it. The same question applies to the remuneration policy. A classification or policy without a date and without an owner is difficult to use as supporting evidence, even if the content is otherwise correct.

For employers who still need to set up or update these documents, templates are available that already provide the structure, so you don't start from scratch. what the templates and the calculation module cost provides an overview of this; the signaling itself and determining whether your company is subject to the reporting obligation remain free to consult.

Doubt about your own situation

Which documents exactly suffice and how strictly a supervisor looks at this varies by situation and is not a question that can be answered with a fixed list. For substantive assessment of a specific case, a lawyer or the competent supervisor is the right point of contact. Frequently asked practical questions about this process, such as who within the organization must provide the documents, are collected at the page with frequently asked questions.

Would you like to first see whether your company reaches this stage before you start gathering documentation? The free obligation check and vacancy check provide a first indication in a few questions, without requiring you to register.

This article is general information and not legal advice.