Failure to remedy a pay gap means that a category-level difference meeting the Article 10 trigger remains uncorrected six months after the employer submitted its pay reporting. The six-month condition matters only where the difference is at least 5% and has not been objectively justified on gender-neutral grounds. The Directive does not prescribe one universal correction method. Depending on the cause, remediation may involve individual pay adjustments, changes to salary structures, revised progression criteria, variable-pay corrections, job-evaluation changes or a combination of measures. Employers should be able to show what was corrected, when it was implemented and whether the unjustified difference was actually addressed.
Jurisdiction: European Union
The Six-Month Clock Starts After Submission of the Pay Report
Article 10(1)(c) asks whether the employer has remedied the unjustified difference within six months of the date of submission of the pay reporting. The reference point is therefore the submission of the Article 9 report, not the first day the employer internally discovered the gap. Employers should record the submission date and establish a remediation timetable immediately where a category-level gap reaches the 5% threshold and cannot be objectively justified.
Only an Unjustified Difference Creates the Remediation Trigger
The six-month condition should not be read in isolation. Article 10 requires the difference to meet the 5% threshold and to lack an objective, gender-neutral justification. If the employer can properly justify the difference, the second trigger condition is not met and the Article 10 mandatory assessment test does not proceed on the same basis. If the difference cannot be justified, the employer has an opportunity to correct it within the six-month period before the third condition is satisfied.
Remediation Should Address the Cause, Not Only the Percentage
A sustainable remedy should address why the unjustified difference arose. If the cause is an individual underpayment, a targeted adjustment may be appropriate. If the cause is an inconsistent salary range, biased progression rule, discretionary bonus practice or flawed job evaluation, structural change may also be needed. Merely reducing the reported percentage without fixing the underlying decision process can leave the same issue likely to recur in the next reporting cycle. The Directive's joint pay assessment framework is designed to identify, remedy and prevent unjustified pay differences.
The Directive Does Not Mandate One Universal Remediation Method
Directive (EU) 2023/970 does not state that every unjustified difference must be corrected through one specific mechanism such as an immediate across-the-board salary increase. The appropriate action depends on the workers affected and the source of the disparity. Employers should distinguish legal requirements from compensation practice and consider applicable national law, collective agreements, contractual rights and worker-representative involvement when designing corrective measures.
Employers Should Retain Evidence That the Gap Was Actually Remedied
Because the Article 10 trigger depends on whether the difference was remedied within six months, employers need evidence of outcome rather than only an action plan. Records can include the original category-level analysis, the reason the difference was considered unjustified, affected workers, approved adjustments or policy changes, effective dates and follow-up calculations. If the employer relies on remediation to conclude that a joint pay assessment is not mandatory, the record should make that conclusion reconstructable and capable of review with workers' representatives and under national enforcement procedures.
Frequently Asked Questions
When does the six-month remediation period begin?
Article 10 ties it to the date of submission of the employer's pay reporting.
Must every 5% gap be remedied?
The Article 10 remediation condition concerns a 5% or greater category-level difference that has not been objectively justified on gender-neutral grounds.
Does remediation always mean increasing one person's salary?
No. The appropriate remedy depends on the cause and may involve individual corrections, structural changes or both.
Related Guides
Official Sources
Requirements and practices differ by jurisdiction and organisation. Check current local law, official guidance and professional advice for a specific situation.