A recent BBC investigation into McDonalds has exposed significant problems with its workplace culture following serious allegations from staff.
More than 100 former and current employees of the fast-food giant have alleged working in a toxic culture and have made wide-ranging claims of sexual assault, sexual harassment, racism, bullying and homophobia. Despite staff reporting serious complaints to managers, no action is being taken.
Investigations into the working conditions at McDonalds began in February this year, after the Company signed a legally binding agreement with the Equality and Human Rights Commission in which it pledged to protect its staff from sexual harassment.
McDonalds has now issued an apology over the allegations and has committed to completing an investigation into the claims to ensure a safe and inclusive workplace to be provided for all staff. The European Court of Human Rights has set up a confidential email hotline for McDonalds’ staff to report harassment.
McDonalds is one of the UK’s largest employers, with more than 170,000 employees. Its staff are also one of the country’s youngest workforces with over 70% aged between 16 and 25 so for many, their first job.
The Equality Act 2010 protects employees and workers from sexual harassment which is a form of unlawful discrimination. Sexual harassment is formally defined as ‘unwanted conduct of a sexual nature, which has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment”. Unwanted conduct includes sexual gestures, suggestive comments, inappropriate touching, invasion of personal space, displaying sexual images and sexually explicit jokes.
Employers have a duty of care to provide a safe place of work and prevent harassment in the workplace and are generally liable for the actions of their staff, unless they can show that they took all reasonable steps to prevent harassment in the workplace.
Employers should have a policy making it clear that discriminatory behaviour will not be tolerated, aswell as training managers in how to properly deal with complaints. All allegations of sexual harassment should be taken seriously and fully investigated through the Company’s grievance and/or disciplinary procedure, whilst ensuring that the individual who has made the allegations is properly supported.
Failure to properly deal with this behaviour is likely to lead to complex, lengthy and costly Employment Tribunal claims and, in the most serious cases, a criminal investigation.
If you have any queries relating to sexual harassment in the workplace, please contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.