The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017

Meaning of “ordinary pay”

3.—(1) In these Regulations, “ordinary pay” means (subject to paragraph (2))—

(a) basic pay;

(b) allowances;

(c) pay for piecework;

(d) pay for leave;

(e) shift premium pay.

(2) “Ordinary pay” does not include—

(a) remuneration referable to overtime,

(b) remuneration referable to redundancy or termination of employment,

(c) remuneration in lieu of leave, or

(d) remuneration provided otherwise than in money.

(3) In paragraph (1)—

(a) “allowances” includes any sum paid with respect to—

(i) any duty of the employee, such as a duty in connection with the role of fire or bomb warden, that is ancillary to the main duties of the employee’s employment;

(ii) the location of the employment in a particular area;

(iii) the purchase, lease or maintenance of a vehicle;

(iv) the recruitment and retention of an employee; and

(v) the purchase, lease or maintenance of an item;

but excludes any payment to reimburse expenditure wholly and necessarily incurred by the employee in the course of his or her employment.

(b) “shift premium pay” means the difference between basic pay and any higher rate paid by the employer for work during different times of the day or night.