The Equality and Human Rights Commission (EHRC) has written to all McDonald’s restaurants in the UK to warn them of their legal obligations to protect staff from sexual abuse.
The equality watchdog has written to all 1,400 branches telling them they must comply with their legal duties, or risk enforcement action. This comes after a BBC investigation uncovered claims of a toxic culture of sexual assault and harassment.
Commenting on this development, Philip Richardson, Partner and Head of Employment Law at Stephensons said:
“This action from the EHRC relates to legislation that came into place last October which requires employers to take reasonable steps to prevent sexual harassment in the workplace. It is no longer sufficient simply to have a policy setting out a commitment to tackle sexual harassment. The employer must show they are taking proactive steps to deal with this in the workplace. Employers are vicariously liable for the actions of its employees and as such liability could rest with them if those steps aren’t taken. A Tribunal, if faced with this question following a claim being raised, will ask itself: could the employer have done more?
“In many workplaces to comply with this obligation, staff are being given training, being asked for their views and opinions and risk assessments undertaken to identify areas where there may be exposure. Appropriate steps should be taken to deal with any form of sexual harassment, including disciplinary action at the highest level.
“It may well be that McDonald’s, with their many resources, are taking these steps as well but as the BBC report states, whilst McDonald’s was committed to a legally binding agreement with the watchdog, the franchisees weren’t. The question is whether there are repercussions for the individual franchisees if they then do not take reasonable steps to prevent sexual harassment, particularly if McDonald’s are stating they are doing “everything” they can to eliminate sexual harassment in the workplace.”
