Sexual harassment in the workplace still remains a prevalent issue across multiple industries, despite the increasing awareness and legal frameworks that have been put in place to protect workers and businesses. The recent case involving McDonald’s and the 300 reported incidents of harassment made against them clearly outlines how, even the biggest of companies, can still fail to appropriately address sexual harassment and harassment.

The McDonald’s Case

In 2023, following an investigation by the BBC, there were a number of troubling allegations of sexual harassment and inappropriate behaviour made by McDonalds employees and the company assured workers and the EHRC that this would be addressed to prevent any future issues.

However, following a further investigation, there have been more allegations of sexual harassment, inappropriate behaviour, unwanted advances and toxic working environments within multiple UK McDonalds branches, being brought to light.

The report from the investigation explained that the victims felt silenced and, in some cases, fearful due to the apparent lack of action taken to resolve the issues, as well as highlighting the absence of preventative measures within the company.

These recent cases demonstrate that little has changed, despite assurances that there would be positive changes within the company to address these issues, and one of the world’s largest employers is yet to adopt an equality and diversity-driven working environment that protects its workers across their UK franchises.

How you can avoid similar issues:

To protect employees, there are several ways in which employers can prevent sexual harassment and harassment in the workplace.

If you do not have the following procedures in place, we would recommend introducing the following steps into your business:

  • Carry out a risk assessment to enable you to consider the potential risks to your staff and implement reasonable measures to protect your employees.
  • Updating your harassment policy.
  • Ensure there is an efficient way for staff members to raise a complaint relating to sexual harassment.
  • Address complaints as soon as they arise
  • Regular, tailored training for employees on appropriate workplace conduct and the Equality Act, including training for management to ensure they know how to deal with sexual harassment complaints.

Whilst it is important that allegations of sexual harassment are dealt with promptly, this additional requirement to prevent it places an additional onus on employers to demonstrate that reasonable steps are taken in an effort to prevent sexual harassment within the workplace. Failure to take reasonable steps to prevent sexual harassment could have serious consequences in the Employment Tribunal.

How we can help:

If you are looking for expert employment law advice regarding harassment or sexual harassment in the workplace, or are seeking advice regarding the Equality Act, the experts at Backhouse are here to help. They can provide legal advice on a specific issue or tell you about our HR Hamper package which was designed to help employers prevent expensive and time-consuming claims. Get in touch with the team today and book your free 30-minute consultation.

Tel:          01245 893400
Email:     info@backhouse-solicitors.co.uk
Visit:       17 Duke Street, Chelmsford, CM1 1JU
Or send us a message through the Contact Us page on this website.