GENDER PAY GAP POLICY

1. Policy Statement

Thema Ltd, trading as Thema Healthcare, is committed to providing fair, transparent and equitable opportunities for all employees, agency workers and job applicants.

Thema Healthcare is committed to:

  • providing equal pay for equal work;
  • identifying and addressing unjustified differences in workforce pay and progression;
  • operating fair and transparent recruitment, remuneration and promotion practices;
  • preventing discrimination because of sex or any other protected characteristic;
  • supporting equal access to training, development and career opportunities;
  • reviewing workforce information to identify potential inequalities; and
  • meeting applicable gender pay gap reporting requirements.

Thema Healthcare recognises that a gender pay gap does not necessarily mean that men and women are being paid differently for the same or equivalent work. However, a gender pay gap may indicate structural inequalities in recruitment, seniority, working patterns, progression, occupational segregation, bonus arrangements or access to higher-paid opportunities.

The company will take proportionate steps to understand and address any identified disparities.

2. Purpose

The purpose of this policy is to:

  • explain Thema Healthcare’s approach to gender pay equality;
  • distinguish between equal pay and the gender pay gap;
  • establish responsibilities for fair pay and employment practices;
  • set out how pay, recruitment, promotion and progression decisions will be managed;
  • explain how workforce pay information may be monitored;
  • establish procedures for raising concerns;
  • support compliance with UK equality and gender pay gap legislation; and
  • promote an inclusive workplace in which employment decisions are based on objective and relevant criteria.

3. Scope

This policy applies to Thema Healthcare’s UK operations.

It applies to:

  • directors;
  • permanent and fixed-term employees;
  • full-time and part-time employees;
  • recruitment consultants;
  • administrative and compliance personnel;
  • payroll personnel;
  • managers and supervisors;
  • temporary workers and agency workers where Thema Healthcare has relevant employment or payment responsibilities;
  • contractors and consultants where relevant;
  • job applicants; and
  • anyone involved in recruitment, pay, promotion, performance management or workforce planning on behalf of Thema Healthcare.

The statutory treatment of an individual for gender pay gap reporting purposes may depend on their contractual and employment relationship with Thema Healthcare. The company will apply the definitions contained in the applicable legislation and current government guidance when determining who must be included in any statutory calculations.

4. Definitions

4.1 Gender Pay Gap

The gender pay gap is the difference between the average pay received by men and women across an organisation.

It is normally presented as the percentage by which women’s average hourly pay is lower or higher than men’s average hourly pay.

The gender pay gap is an organisation-level measure. It does not compare the pay of two individual employees performing the same role.

4.2 Equal Pay

Equal pay concerns the legal right of men and women to receive equal pay and contractual terms when performing:

  • the same or broadly similar work;
  • work rated as equivalent under a job-evaluation scheme; or
  • work of equal value in terms of factors such as effort, skill, responsibility and decision-making.

Paying a woman less than a man, or a man less than a woman, for equal work may be unlawful unless the employer can demonstrate a genuine and lawful material factor that is unrelated to sex.

4.3 Pay

For the purposes of this policy, pay may include:

  • basic salary or wages;
  • hourly rates;
  • overtime;
  • shift premiums;
  • allowances;
  • commission;
  • bonuses;
  • holiday pay;
  • sick pay;
  • pension contributions;
  • contractual benefits; and
  • other financial or non-financial contractual terms.

The specific elements included in statutory gender pay gap calculations will be determined in accordance with the applicable regulations and government guidance.

4.4 Bonus Pay

Bonus pay may include:

  • performance-related bonuses;
  • productivity bonuses;
  • incentive payments;
  • commission;
  • profit-sharing payments;
  • long-service awards paid in money or securities; and
  • other qualifying variable payments.

Routine wages, ordinary overtime and expense reimbursements are not automatically treated as bonus pay for statutory reporting purposes.

4.5 Relevant Employee

A relevant employee is an individual who falls within the legal definition used by the applicable gender pay gap reporting regulations.

This may be broader than the conventional definition of an employee and may include some workers and self-employed individuals who personally perform work under a contract.

Thema Healthcare will seek appropriate professional advice where an individual’s reporting status is unclear.

5. Legal Framework

This policy is informed by relevant legislation and guidance, including:

  • the Equality Act 2010;
  • the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017;
  • the Employment Rights Act 1996;
  • the Agency Workers Regulations 2010;
  • the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000;
  • the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002;
  • applicable data-protection legislation;
  • the Employment Agencies Act 1973;
  • the Conduct of Employment Agencies and Employment Businesses Regulations 2003; and
  • current government gender pay gap reporting guidance.

Thema Healthcare will update this policy where legislation or official guidance changes.

6. Equal Pay Commitment

Thema Healthcare will not discriminate in relation to pay or contractual benefits because of:

  • sex;
  • pregnancy or maternity;
  • gender reassignment;
  • marital or civil partnership status;
  • age;
  • disability;
  • race;
  • religion or belief;
  • sexual orientation; or
  • any other protected characteristic.

Pay decisions must be based on objective and relevant factors, which may include:

  • the requirements and responsibilities of the role;
  • qualifications and professional registration;
  • relevant skills and experience;
  • individual performance;
  • location;
  • market conditions;
  • unsocial hours;
  • shift type;
  • scarcity of particular skills;
  • length of service where lawfully relevant; and
  • clearly defined business requirements.

Managers must not rely on assumptions about a person’s family responsibilities, childcare arrangements, availability, ambition, commitment or future career plans.

7. Recruitment and Starting Pay

Recruitment and starting-pay decisions can contribute significantly to gender pay disparities. Thema Healthcare will therefore seek to ensure that recruitment practices are fair, consistent and evidence-based.

The company will, where reasonably practicable:

  • use clear and objective job descriptions;
  • identify essential and desirable criteria before advertising a vacancy;
  • avoid unnecessarily restrictive requirements;
  • use gender-neutral and inclusive language;
  • advertise roles through channels capable of reaching a diverse candidate pool;
  • state salary ranges or pay rates where appropriate;
  • apply consistent selection criteria;
  • use structured interviews;
  • keep records of recruitment decisions;
  • avoid asking candidates about previous salary where it is not necessary;
  • determine starting pay by reference to the role and objective criteria;
  • ensure that salary negotiations do not create unjustified inequalities;
  • make reasonable adjustments for disabled applicants; and
  • avoid discrimination relating to pregnancy, maternity, caring responsibilities or flexible working.

Where a candidate is appointed above the normal starting point for a role, the reason must be objective, justifiable and appropriately recorded.

8. Recruitment Agency Operations

As a healthcare recruitment agency, Thema Healthcare may recruit and supply workers into roles where pay rates are influenced by:

  • the client organisation;
  • the worker’s professional registration;
  • role type;
  • assignment location;
  • shift timing;
  • urgency;
  • experience;
  • specialist skills;
  • client-approved rate structures; and
  • contractual arrangements.

Thema Healthcare will take reasonable steps to ensure that:

  • workers undertaking comparable assignments are offered rates based on objective criteria;
  • pay rates are communicated clearly before an assignment;
  • workers are not offered lower rates because of sex;
  • discretionary rate decisions are documented;
  • male and female workers have fair access to available shifts;
  • assumptions about caring responsibilities do not affect shift allocation;
  • premium shifts are allocated through fair processes;
  • client requests that appear discriminatory are challenged and refused;
  • complaints about unequal treatment are investigated; and
  • applicable Agency Workers Regulations rights are respected.

A client’s instruction will not justify unlawful discrimination.

9. Promotion and Career Progression

Thema Healthcare will promote fair access to progression and higher-paid positions.

Promotion and progression decisions will be based on objective factors such as:

  • demonstrated competence;
  • relevant qualifications;
  • experience;
  • performance;
  • leadership ability;
  • role requirements; and
  • readiness to undertake additional responsibilities.

The company will seek to:

  • communicate internal opportunities fairly;
  • avoid informal promotion practices that exclude eligible employees;
  • use documented selection criteria;
  • monitor access to training and development;
  • consider flexible working arrangements for senior roles;
  • support employees returning from maternity, parental or other family-related leave;
  • avoid penalising employees for lawful family leave;
  • provide fair access to acting-up and leadership opportunities; and
  • investigate patterns suggesting that one sex is underrepresented at particular levels.

10. Flexible and Part-Time Working

Thema Healthcare recognises that women remain more likely to undertake part-time work or have substantial caring responsibilities. Poorly designed working arrangements can therefore contribute to a gender pay gap.

The company will:

  • consider flexible-working requests in accordance with applicable law;
  • assess requests individually and objectively;
  • avoid assuming that senior or specialist roles must always be full-time;
  • ensure part-time employees are not treated less favourably without lawful justification;
  • calculate pay and benefits fairly for part-time employees;
  • support reasonable flexibility where operational requirements allow;
  • avoid excluding flexible workers from training or progression;
  • ensure that reduced hours do not automatically lead to reduced career opportunities; and
  • review whether working practices create unnecessary barriers.

Not every flexible-working request can be approved. Any refusal must be based on genuine business grounds and must not be discriminatory.

11. Maternity, Family Leave and Return to Work

Employees taking maternity, adoption, shared parental, paternity, parental or other family-related leave must not be disadvantaged in pay or career progression because they have exercised a statutory or contractual right.

Thema Healthcare will seek to ensure that:

  • family leave is administered consistently;
  • employees receive the pay and benefits to which they are entitled;
  • employees are informed of relevant workplace developments during leave where appropriate;
  • keeping-in-touch arrangements are voluntary and properly managed;
  • employees returning from leave receive appropriate support;
  • promotion and development opportunities are not withheld because of leave;
  • performance assessments account fairly for periods of absence;
  • pregnancy-related absence is treated appropriately;
  • bonus decisions comply with legal requirements; and
  • employees are not subjected to detrimental treatment because of pregnancy or family leave.

12. Bonus, Commission and Incentive Arrangements

Where Thema Healthcare operates bonus, commission or incentive arrangements, the criteria must be transparent, objective and consistently applied.

The company will consider:

  • whether all eligible employees understand the scheme;
  • whether targets are realistic and measurable;
  • whether employees on family-related leave are treated lawfully;
  • whether part-time employees are treated fairly;
  • whether managerial discretion is properly controlled;
  • whether access to higher-value opportunities is equitable;
  • whether bonus outcomes show an unexplained gender disparity; and
  • whether the scheme unintentionally rewards working patterns that disadvantage employees with caring responsibilities.

Discretionary awards must be supported by a recorded business rationale.

13. Pay Reviews

Pay reviews will be conducted using consistent and objective criteria.

Managers responsible for pay recommendations must:

  • consider the defined requirements of the role;
  • apply the relevant pay structure;
  • review comparable roles where appropriate;
  • avoid assumptions or stereotypes;
  • record the reasons for exceptional increases;
  • consider whether decisions could create or worsen unjustified pay differences; and
  • obtain appropriate authorisation.

The company may conduct periodic equal-pay reviews to compare employees performing the same work, work rated as equivalent or work of equal value.

14. Gender Pay Gap Reporting Threshold

Thema Healthcare will assess annually whether it is legally required to publish gender pay gap information.

A statutory reporting obligation generally applies where Thema Ltd has 250 or more relevant employees on the applicable snapshot date.

For a private-sector employer, the normal snapshot date is 5 April.

Where the threshold is met, Thema Healthcare will:

  • identify the employees who must be included;
  • collect the required payroll information;
  • undertake the prescribed calculations;
  • prepare a written supporting statement;
  • obtain approval from an appropriate director;
  • publish the required information on the government reporting service;
  • publish the information on the company’s website where required;
  • retain the published information for the prescribed period; and
  • complete reporting by the statutory deadline.

Where Thema Healthcare has fewer than 250 relevant employees, it may still calculate or publish information voluntarily.

15. Statutory Measures

Where statutory reporting is required, Thema Healthcare will calculate and publish the measures required by the applicable regulations.

These normally include:

  • the mean gender pay gap in hourly pay;
  • the median gender pay gap in hourly pay;
  • the mean gender bonus gap;
  • the median gender bonus gap;
  • the proportion of men and women receiving bonus pay; and
  • the proportion of men and women in each pay quartile.

Calculations will be completed using the methodology prescribed by current government guidance.

The company will not alter the required statutory methodology to produce a more favourable result.

16. Recording Sex for Statutory Calculations

For statutory gender pay gap calculations, Thema Healthcare will follow the definitions and procedures contained in current legislation and government guidance.

Relevant information will be handled:

  • accurately;
  • consistently;
  • confidentially;
  • lawfully;
  • respectfully; and
  • in accordance with data-protection requirements.

Where records are incomplete or an employee’s inclusion is uncertain, the company will refer to current government guidance and seek professional advice where necessary.

This policy does not permit harassment, discrimination or intrusive questioning about an individual’s sex, gender identity, gender history or personal circumstances.

17. Data Collection and Confidentiality

Gender pay gap analysis requires the processing of workforce and payroll information.

Thema Healthcare will ensure that:

  • only necessary information is processed;
  • access is restricted to authorised personnel;
  • information is stored securely;
  • published data is aggregated;
  • individuals are not identified in public reports;
  • small-group information is handled carefully;
  • data is retained only for appropriate periods;
  • calculations are checked for accuracy; and
  • processing complies with data-protection legislation.

Where external advisers process information, appropriate confidentiality and data-processing arrangements will be established.

18. Understanding the Causes of a Pay Gap

Where a gender pay gap is identified, Thema Healthcare will seek to understand its causes rather than relying solely on the headline percentage.

Analysis may consider:

  • representation at different organisational levels;
  • the proportion of men and women in higher-paid roles;
  • recruitment and starting salaries;
  • promotion rates;
  • access to training;
  • part-time working;
  • family-related leave;
  • employee turnover;
  • shift allocation;
  • premium-rate assignments;
  • bonus and commission arrangements;
  • length of service;
  • occupational segregation;
  • client-determined rates;
  • access to overtime;
  • regional pay differences; and
  • sample-size limitations.

A pay gap may have more than one cause and may require several different actions.

19. Gender Pay Gap Action Plan

Where a material or unexplained gender pay gap is identified, Thema Healthcare may prepare an action plan.

The action plan may include:

  • reviewing starting-pay decisions;
  • improving pay transparency;
  • standardising recruitment processes;
  • reviewing promotion outcomes;
  • increasing access to leadership development;
  • improving flexible-working opportunities;
  • reviewing bonus or commission criteria;
  • monitoring allocation of premium shifts;
  • supporting employees returning from family leave;
  • widening recruitment channels;
  • improving workforce data;
  • establishing measurable objectives;
  • assigning responsible persons; and
  • setting review dates.

Actions will be proportionate to the size, structure and risks of the organisation.

The company will not use unlawful positive discrimination. Lawful positive action may be considered where permitted under the Equality Act 2010.

20. Communication and Transparency

Thema Healthcare will seek to communicate relevant pay practices clearly.

Employees should be able to understand:

  • how their pay rate was determined;
  • what factors may influence progression;
  • how bonuses or commission are calculated;
  • how to request a pay review;
  • how to raise an equal-pay concern; and
  • where to obtain this policy.

Where statutory gender pay gap information is published, Thema Healthcare may also provide a supporting narrative explaining:

  • the organisational context;
  • the principal causes identified;
  • steps already taken;
  • further planned action; and
  • how progress will be monitored.

Any supporting narrative must be accurate and must not obscure or misrepresent the statutory figures.

21. Raising a Concern

An employee or worker who believes they have experienced unequal pay, discriminatory treatment or an unfair pay decision should raise the concern promptly.

Concerns may be raised with:

The concern should, where possible, explain:

  • the decision or arrangement being questioned;
  • the role or assignment concerned;
  • relevant dates;
  • the reason the individual believes the treatment may be unfair;
  • any comparable role or employee known to them; and
  • the resolution sought.

An individual does not need complete evidence before raising a genuine concern.

22. Investigation of Concerns

Thema Healthcare will consider concerns fairly and without unreasonable delay.

The company may:

  • review contracts and pay records;
  • compare role requirements;
  • review recruitment or promotion decisions;
  • examine bonus or commission criteria;
  • interview relevant managers;
  • consider whether a valid material factor explains the difference;
  • obtain legal or specialist advice;
  • correct inaccurate records;
  • adjust pay where appropriate;
  • make back payments where required;
  • revise procedures; and
  • take disciplinary action where misconduct is established.

The company will maintain confidentiality as far as reasonably practicable.

23. Protection from Victimisation

No employee or worker will be subjected to retaliation or detrimental treatment because they:

  • raised a genuine equal-pay concern;
  • requested information about their pay;
  • supported another person’s complaint;
  • participated in an investigation;
  • alleged discrimination in good faith; or
  • exercised a statutory employment right.

Retaliation or victimisation may result in disciplinary action.

A concern that is not ultimately upheld will not result in action against the person who raised it, provided it was raised honestly and in good faith.

24. Responsibilities

24.1 Directors

Directors are responsible for:

  • approving this policy;
  • promoting fair and equitable pay practices;
  • ensuring that statutory reporting obligations are identified;
  • approving published gender pay gap information;
  • reviewing significant findings;
  • providing appropriate resources; and
  • overseeing improvement actions.

24.2 Managers

Managers are responsible for:

  • applying pay and progression criteria consistently;
  • keeping appropriate decision records;
  • avoiding discriminatory assumptions;
  • supporting flexible and family-friendly working;
  • addressing concerns promptly;
  • completing relevant training; and
  • cooperating with pay reviews and audits.

24.3 Recruitment Personnel

Recruitment personnel must:

  • use objective selection criteria;
  • communicate pay accurately;
  • avoid discriminatory client instructions;
  • ensure fair access to assignments;
  • document exceptional rates;
  • avoid assumptions based on sex or caring responsibilities; and
  • report suspected discriminatory practices.

24.4 Payroll and Administrative Personnel

Payroll and administrative personnel must:

  • maintain accurate pay records;
  • apply approved rates correctly;
  • protect confidential information;
  • support statutory calculations;
  • report unexplained discrepancies; and
  • retain records in accordance with applicable requirements.

24.5 Employees and Workers

Employees and workers are expected to:

  • treat colleagues respectfully;
  • avoid discriminatory behaviour;
  • provide accurate employment information;
  • raise concerns responsibly;
  • cooperate with investigations; and
  • comply with this policy.

25. Training

Relevant managers, recruiters, payroll personnel and decision-makers may receive training covering:

  • equal-pay requirements;
  • the difference between equal pay and a gender pay gap;
  • objective pay-setting;
  • fair recruitment;
  • avoiding bias;
  • family-related employment rights;
  • flexible working;
  • gender pay gap calculations;
  • data confidentiality;
  • handling complaints; and
  • preventing victimisation.

Training will be refreshed where legislation, guidance or organisational arrangements change.

26. Monitoring

Thema Healthcare may monitor:

  • average pay by sex;
  • starting salaries or rates;
  • recruitment outcomes;
  • promotion outcomes;
  • bonus and commission awards;
  • access to training;
  • allocation of premium shifts;
  • representation by organisational level;
  • flexible-working outcomes;
  • retention and turnover;
  • family-leave return rates;
  • pay complaints;
  • corrective actions; and
  • progress against any action plan.

Monitoring will be proportionate to the size of the workforce and the quality of available data.

Small sample sizes will be interpreted cautiously to avoid misleading conclusions or identifying individuals.

27. Non-Compliance

A manager or employee who deliberately discriminates, falsifies data, retaliates against a complainant or disregards this policy may be subject to disciplinary action, up to and including dismissal.

Where a client requests discriminatory recruitment or pay arrangements, Thema Healthcare may:

  • challenge the request;
  • refuse to act on it;
  • suspend recruitment activity;
  • terminate the commercial relationship; or
  • seek legal advice.

Commercial pressure will not justify unlawful discrimination.

28. Related Policies

This policy should be read alongside relevant Thema Healthcare policies and procedures, including:

  • Equality, Diversity and Inclusion Policy;
  • Recruitment and Selection Policy;
  • Flexible Working Policy;
  • Maternity and Family Leave Policy;
  • Grievance Procedure;
  • Whistleblowing Policy;
  • Data Protection and Confidentiality Policy;
  • Disciplinary Procedure;
  • Agency Worker Terms and Conditions;
  • Client Terms of Business;
  • Performance Management Policy; and
  • Bonus or Commission Scheme Rules.

29. Review

This policy will be reviewed at least annually.

An earlier review may be undertaken where:

  • gender pay gap legislation changes;
  • government guidance is updated;
  • the company reaches or approaches the statutory reporting threshold;
  • a pay audit identifies concerns;
  • a significant equal-pay complaint is raised;
  • organisational pay structures change;
  • bonus or commission arrangements change; or
  • recruitment or assignment practices materially change.