Natasha Adom, partner and head of client training at law firm GQ Littler said that employers’ action plans needed to be tailored to their operations.
Speaking to HR magazine, she said: “There is no one-size-fits-all approach because the steps your business will need to include in, its plan will be dependent on where your risks of sexual harassment are across your business, and what steps are reasonable to take bearing in mind factors like the severity of your risk and your resources.
“The first step is to carry out your own risk assessment. We would recommend taking legal advice on this to reduce the risk of creating potentially unhelpful documents in the process.”
Read more: Sexual harassment legislation: How can HR get ahead?
The proposals would add to the requirements on employers under new legislation that came into force last weekend (26 October) to take “reasonable steps” to prevent sexual harassment in the workplace. The proposals to make businesses with more than 250 employees produce and publish their annual action plan to prevent sexual harassment are included in the government’s impact assessment on the Employment Rights Bill.
Adom added that being named and shamed would hold financial, legal and reputational risks.
She said: “It can be easy to think ‘who cares?’ But being on a named-and-shamed list could result in significant financial, legal and PR risk.
“Employers could face allegations that their failure to publish an action plan is indicative of a wider failure to take steps to prevent sexual harassment, leaving them exposed to both action by the Equality and Human Rights Commission and increased compensation being awarded in any subsequent claim for harassment.
“Of course, there is also the PR impact of potentially being seen as an employer which does not take seriously the need to address these issues.”
Natasha Letchford, senior associate at Wilsons Solicitors, noted that the tactic has been a good deterrent for minimum wage compliance.
She told HR magazine: "Naming and shaming has been quite successful in the context of national minimum wage compliance. Employers will want to take the duty to prevent sexual harassment seriously, so the risk of publicity is likely to be a significant deterrent.
"We're seeing the most significant changes to employment law in over a decade, so it is important that employers stay up-to-date, to ensure they can recruit and retain the best staff and reduce the risk of potentially costly claims."
The news comes as research by education charity Let Me Know found almost a third (29%) of senior managers and 41% of middle managers reported having not heard enough about new legislation introduced last week.
More than half (51%) of the 923 employees who were surveyed earlier this month said that they had not heard, or had heard very little, about the new legislation.
Read more: The importance of tracking sexual harassment cases
Deirdre Kehoe, CEO of Let Me Know, reiterated that keeping up with employment law changes is vital.
She told HR magazine: “Employment law is important to keep everyone safe: employers, employees and all those who come in contact with your company. It allows for a safe and fair working environment, can save an employer money, and helps create a culture where people can thrive.
“Employment law is constantly evolving to reflect the changes in practice, and therefore it is really important that employers understand how this impacts on their business.”