Following a BBC report in 2023 into a toxic culture of assault, harassment, racism and bullying, McDonalds committed to doing everything it could to ensure a safe working environment for staff. However, with many McDonalds restaurants being franchises and not run by the main business, the Equality and Human Rights Commission (EHRC) has now written to every restaurant reminding them of their obligations to protect their employees.
Under the Equality Act employers are liable for the harassment and discriminatory behaviours of their staff and managers. This is the case unless the employer has taken all reasonably practicable steps to prevent the harassment occurring. The EHRC’s letter includes some examples of reasonable steps the restaurants could take including;
- Undertaking regular risk assessments
- Ensuring that younger or more vulnerable staff are safeguarded
- Ensuring that complaints are dealt with sensitively and effectively
- Ensuring that there are policies in place for handling complaints
Additionally since October, employers have been under a specific additional obligation to actively prevent sexual harassment in the workplace. Simply reacting robustly is no longer sufficient. This obligation requires employers to provide training courses to all staff on a regular/annual basis. Details of the sorts of courses available can be found here.
The EHRC has emphasised that as well as potential claims from employees, it also has enforcement powers and can take employers to Court where they can be hit with significant fines.
If you are concerned about bullying and harassment in your workplace, please contact our Employment Team on 0345 646 0406 or complete an online enquiry form, and a member of the team will be in touch.
If you would like to speak about our sexual harassment training courses, please complete our training enquiry form.