23 November 2017
A question recently landed on my desk. It was not the first time and will unlikely be the last. It asked:
At the moment we currently only record Male or Female on our payroll & HR systems. Do you know if HMRC are likely to want us to include more options for employees that may be transitioning or don’t identify themselves with either gender?
A few months prior, we received another request for no gender to be recorded for a client employee who didn’t want to identify as either.
With schools returning and recent public attention on diversity matters, we see gender choice or neutrality being promoted and gender-related stereotypes:
terms, items, toys, activities - being challenged or their promotion actively curtailed. Schools are built with removed toilet segregation, a banning
of skirts to make uniform ‘gender neutral’ to promote gender equality for transgender students and combat complaints about decency (the skirts were
being hitched up), and a Church of England school being threatened with legal action by a parent concerned that some boys are being openly allowed
to wear skirts/dresses to class.
Modern liberal law through the application of the Equality Act 2010 provides a means for individuals to define elements of their life based on preference.
PAYE law requires the employer to report to HMRC the name, date of birth and gender of all employees. Can that gender be anything other than male or female?
PAYE law and the consequent Real Time Information (RTI) Full Payment Submission (FPS) requires that the employer both records and reports data item
11 ‘Current Gender’ with the values that must either be ‘M’ for male and ‘F’ for female. For taxation purposes there is no option of gender neutrality
(yet), and no immediate plans to change.
Gender is captured from employee documentation that shows right to work, whether that is birth certificate, passport or other documents or maybe self-declaration
of the individual of their legal gender. Either way, for payroll they must presently be male or female and the recorded gender used.
With regards to some elements of HR – Yes. But with PAYE tax and the application of National Insurance reporting and recording, the answer is no unless
this gender change is undertaken legally. The Gender Recognition Act 2004 enables transsexual people to apply to the Gender Recognition Panel to receive
a Gender Recognition Certificate (GRC). If granted a full GRC, that individual is then considered in law to be of the acquired gender and entitled
to all the rights appropriate to a person of the acquired gender at that date and going forward. This includes rights to retire and receive state pension.
Going through the process of GRC even enables those whose birth was registered in the United Kingdom to obtain a new replacement birth certificate
with the acquired name change and gender, however, it is not retrospective and does not change history. HMRC is informed automatically. The individual
would also need to inform their employer with a copy of the certificate so that the payroll and National Insurance contributions going forward reflect
the change. HMRC updates its record with any gender and name change provided, informs the Department for Work and Pension (DWP), and restricts the
individuals records to specialist staff at the HMRC’s Public Department 1.
Under the Equality Act 2010, it is unlawful to discriminate against a person with protected characteristic of gender reassignment – a transsexual person,
or a person mistakenly perceived to be a transsexual person.
For Gender Pay Gap Reporting (GPGR), the action is different. In cases where an individual does not self-identify as either gender, an employer may remove that individual from the GPGR calculations, even though for tax purposes a gender type of male or female has been applied.
Employers may be in a position of needing to be able to record legal Gender for tax purposes, and gender choice (which could be different) to meet the requirement of the Equalities Act 2010.
So yes, legal current gender on payroll must be male or female, but as for HR records, there may be a need for a separate HR gender preference or neutrality different to the payroll record gender.
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In order to get to understand Alabaster, we recommend that you know a little about the case precedent behind it.2 October 2017
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Our Head of Legal, Leon Daniel, has written some useful information on General Data Protection Regulation (GDPR) and what it might mean for your organisation. This is the first of a series of articles on the new Regulation and will cover the steps we are taking at SD Worx to ensure GDPR compliance.7 August 2017
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As a union, the UK has voted to leave the European Union with some Scottish politicians hinting of a further independence referendum, and some in Northern Ireland wanting a joint Irish nation! At the same time, Job Centre Plus has run out of National Insurance numbers and in June 2016, decided in to start issuing NINOs with prefix ‘KC’ - but there is an issue with this...15 August 2016
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On 23rd June 2016, UK voters decided in favour of leaving the European Union (EU) in a landmark referendum. Since then it’s fair to say that UK politics has seen a fair amount of turmoil. One thing we can be sure of is that, whenever it does happen, the UK’s withdrawal from the EU will have implications for workers and employers. In this blog I want to focus on what this could mean...11 July 2016
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Interview by FDE TV at HR Tech London 2016. David Woodward, our Chief Product & Marketing Officer, speaks with Darina Ivanova from FDE about HR and Payroll technologies, workforce optimisation and what it means to be "digital" from an enterprise level perspective.4 May 2016
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In the 2015 Queens speech, the Government set out to create 3 million new apprenticeships by 2020. As part of the Enterprise Bill, apprenticeships would gain the same legal treatment of degrees. ‘The Richard Review’ brings new standards being developed by ‘trailblazers’ and new funding trialled giving employers greater control over spend on training delivery.11 April 2016
In my last blog I described how keeping the labour model as simple and transparent as possible increases the chances of user buy-in whilst still generating an accurate labour forecast. Today I want to talk about how critical the flexibility of your workforce is to the successful implementation of a WFM system...14 March 2016
Our WFM System experts, describe how keeping the labour model simple and transparent could increases chances of user buy-in, whilst still generating an accurate labour forecast.15 February 2016
We thought 2013 was busy with the introduction of Real Time Information, but looking back it now seems a doddle! 2016 is proving to be one of the most substantial change years ever for payroll, software and service providers and especially payroll managers. Never before have I seen such a wide, heavy plethora of change. Now seems a good time to start the preparations in earnest and put the brain in gear...25 January 2016
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Paying the living wage isn’t optional for survival, but neither should it be a problem. Lidl were the first supermarket to recognise the benefits of paying the living wage. Their stores may be no frills but their operation is efficient. Lidl’s customers, many deserting the likes of Waitrose and Sainsbury’s for all or some of their purchases, have clearly embraced the shopping experience...19 October 2015
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