The Monster in McDonalds?
Stay Safe, Stay Strong: Conquer Workplace Harassment
The Monster in McDonalds.
As children, many of us can remember the excitement when our parents would take us to McDonald's. I recall those days well, in the mid-90s, sitting in the back of my mum's J-reg red Ford Escort, listening to her favourite band, Simply Red, on the cassette tape. We would pull up to the restaurant, bursting with excitement at the sight of that famous big yellow M. The standard order: "Happy Meal, please." And happiness it brought. However, in recent years, happiness has not been on the Menu for the staff of the franchise.
In 2023, the BBC revealed that behind the scenes of McDonald's, there exists a toxic culture. More than 100 current and former UK staff have alleged various issues, including sexual assault, harassment, racism, and bullying. Reports indicate that workers, some as young as 17 years old, are consistently being groped and harassed. Over a five-month period, McDonald's workers reported more than 100 allegations from employees, 31 related to sexual assault and 78 to sexual harassment. Following the allegations McDonald’s entered into a 'section 23 agreement' with the government's equality watchdog to address concerns regarding the management of harassment complaints from UK employees. The purpose of this agreement was so that McDonald’s could progress towards a safe, respectful and inclusive working environment with a zero-tolerance approach to sexual harassment all enforceable under the Equality Act 2010.
During the recent Business and Trade Committee meeting on 7th of January 2024, McDonald's CEO Alistair Macrow disclosed that 47 allegations of sexual harassment had been upheld, leading to the dismissal of 29 individuals. While McDonald's continued to serve 'Happy Meals' to the public, bringing joy to many, they were also serving 'Harassment Meals' to their staff, causing significant distress to the numerous employees that have been subjected to this harassment.
McDonald’s is not the first company to have problems with harassment in the workplace, and they won't be the last. In the UK, employees are being subjected to harassment every day. According to the Trades Union Congress (TUC), which represents the majority of trade unions in the UK reported that around 52% of women have experienced some form of sexual harassment in the workplace.
The Law
On 26th of October 2024, a new duty under the Equality Act 2010, which introduced new protections from sexual harassment, came into force. This duty requires employers to take reasonable steps to prevent sexual harassment and create a safe working environment. For example, employers must now anticipate potential instances of sexual harassment and take proactive measures to prevent them. If there has been a history of sexual harassment, employers have a duty to take action to prevent it from recurring. If they fail in this duty, an employee is entitled to bring a claim against their employer for harassment and may find themselves liable to pay additional compensation where they have failed to take preventative steps to prevent harassment from occurring and may find themselves subject to enforcement action by The Equality and Human Rights Commission..
If you have been a victim of sexual harassment at your workplace or have experienced any other form of harassment, such as racism or bullying, we can help. Our dedicated team of employment solicitors has over 30 years of experience exclusively handling employment tribunal claims and employment matters. Whether you need assistance with grievances or wish to go to the tribunal, we can support and guide you through every step of your claim.
