The pay disclosure response contains only comparison data: the employee's own pay, averages by gender and the criteria used. If the employee wants more (an explanation, a justification or a correction), they file a clarification request. That can rest on three legal grounds, and your obligations differ per ground. The clarification request goes to the heart of your pay policy: the burden of proof for objectivity lies with you.
Last update: February 1, 2026 · Reading time: 7 minutes
A clarification request is a follow-up step. Only when an employee wants something further after the pay disclosure response (explanation, justification or correction) does the clarification request come into play. So it is explicitly not a duplicate of the pay disclosure request; that request only delivers comparison data.
The request can come from an individual employee, but also from the works council, a trade union or an equality body acting on behalf of employees. For report-related requests (ground 1) the works council is typically central; for suspicion of discrimination or unjustifiable differences, often the individual.
Read about the pay disclosure request firstA single clarification request forces you to substantiate your pay policy on paper, or to admit that you cannot.
A clarification request cannot be filed at will; it requires a legal ground. The Wgbmv and the Pay Transparency Directive name three. Each ground triggers a different obligation for you as employer.
If the employee asks for clarification of the pay report and an explanation of the pay gap in their category, you are required to provide a substantiated explanation. This is not optional commentary: you must back the criteria, methodology and outcomes so that the choices made are traceable.
On suspected pay discrimination, the burden of proof lies with you. The law does not set a fixed percentage threshold: the facts and context determine whether an employee can make that suspicion sufficiently plausible. Ultimately, the court assesses whether the evidence is enough. From that point you must show that the difference is explainable on objective, gender-neutral criteria.
If you cannot justify the difference on objective, gender-neutral criteria, you are required to remedy it within a reasonable period. The question is no longer whether you correct, but when, and how you document it.
The common thread across all three grounds: without documented, objective and gender-neutral criteria you have no defence.
A clarification request has no standalone statutory response window like the disclosure request (two months). Two other clocks apply: a reasonable period for a substantiated explanation, and a reasonable period to remedy if justification fails.
On a request under art. 10c(6) you respond with a substantiated explanation within a reasonable period. What is reasonable depends on complexity and category size; structure your process so you can answer comparably to a disclosure response.
On suspected discrimination (art. 11a Wgbmv; Article 18 of Directive 2023/970) the proof obligation runs through a (potentially legal) procedure. You must be able to demonstrate that the difference is objective and gender-neutral.
If justification fails, you must remedy the difference within a reasonable period (art. 10c(7)). That means correcting and documenting why the chosen route is adequate.
"Reasonable period" is open-ended, but assessed concretely after the fact. Document what you did and when; that is your defence.
Ignoring a clarification request or responding weakly directly hits your evidentiary position and therefore your financial and reputational risk.
On suspected pay discrimination the burden of proof shifts entirely to the employer. If you cannot objectively and gender-neutrally justify the difference, the discrimination is established under civil law, with back pay, damages and a remediation obligation as a result.
Failing to meet the explanation or remediation duty is a separate violation. The Labour Inspectorate can enforce and publish; employees and their representatives stand stronger in any subsequent procedure.
Many employment contracts still bar employees from discussing their salary. Under the directive that ban is void. Relevant for clarification requests too, since employees compare pay to support a suspicion.
Confidentiality clauses about one's own pay are no longer permitted. Employees may freely share their pay, including with the works council or trade union. Existing clauses are void.
You cannot stop a clarification request from coming. Whether you stand strong depends on what you arranged before the request.
Without documented criteria for pay determination and pay progression you cannot answer any of the three grounds well. Role classification, experience rules and performance criteria must be on paper, with an audit trail.
Decide who in your organisation handles clarification requests, how the works council is involved and which internal deadlines you keep. This prevents a request from forcing ad-hoc choices.
The pay disclosure request delivers only comparison data: own pay, gender averages and the criteria used. A clarification request is the follow-up step in which the employee demands explanation, evidence or correction. Per ground (art. 10c(6), art. 11a Wgbmv or art. 10c(7)) the obligation differs.
There is no fixed percentage threshold in the law or explanatory memorandum. It depends on the facts and context presented; ultimately, the court assesses whether those facts are enough to support the suspicion. From that point the burden of proof lies with the employer (art. 11a Wgbmv; Article 18 of Directive 2023/970).
The law does not define an exact period. What matters is that you demonstrably make progress: correct where needed, document what you do and why, and involve the works council. Leaving an open ending is not an option; assessment afterwards looks at actual progress.
Employers must provide access to criteria for pay, pay levels and pay progression without a request. Read what Article 10a Wgbmv requires and consequences of non-compliance.
Employers must annually inform employees about the right to pay information and the request steps. This applies to all employers.
Every employee can request salary information, regardless of company size. You have two months to respond.
A clarification request forces you to substantiate your pay policy on paper. Payqual helps employers get their pay structure in order, from role clustering and objective criteria to ready-made pay gap reports, so that you can answer each of the three grounds substantively before it becomes a dispute.