The EHRC has said that it will investigate to see if firms that have missed the deadline are breaking the law. Those found to have done so will have to publish their pay gap as soon as possible, or risk being issued a formal notice that is enforceable in court and an unlimited fine.
Organisations who have failed to publish include Dutch soft drinks company Refresco Group, luxury hotel collection The Westbury Limited and aircraft manufacturer Gulfstream Aerospace. The full list is available on EHRC's website.
Charlotte Tilbury, Typhoo and Northern Automotive Systems have all now produced pay gap reports after the EHRC revealed earlier this month that they had missed the deadline for the second year in a row.
The deadline for firms to report their second year data was 30 March for public sector organisations and 4 April for private sector businesses.
Clare Parkinson, reward business manager at Croner, said that failing to provide gender pay gap data could harm businesses’ reputations.
"At a time when many job applicants research the reputation and reviews of potential employers this naming and shaming is likely to be prevalent in such a search. This could lead to difficulties with recruiting new staff or even the loss of key talent,” she said.
“As Millennials focus more on the social impact and business purpose of their employers when choosing jobs, the failure to publish gender pay gap statistics may lead to this talent pool looking elsewhere. Gender pay parity is also likely to be a strong recruitment factor for females, returners and others who wish to work in a diverse and inclusive business."
She added that companies also risk heavy fines: “As well as naming and shaming, the EHRC can follow further enforcement action including a statutory investigation and entering into a legally-binding agreement to meet the reporting obligations. These agreements can be enforced through the courts, and a continued failure can ultimately result in an unlimited fine – a heavy price for any business to pay.”
EHRC chief executive Rebecca Hilsenrath said that the body will be pursuing those who haven't published their data: "Transparency is a vital first step if we are to achieve gender equality in the workplace. All employers with 250 or more employees are legally required to publish their gender pay gap where everyone can see it.
"There’s no excuse for missing the deadline and we will be making sure that all employers that haven’t published their figures are held to account."