McDonald's franchises in the UK have been warned they face enforcement action if they fail to comply with legal duties designed to protect workers from harassment.
The Equality and Human Rights Commission (EHRC) has written directly to every McDonald's franchise in Britain to remind them of their legal duties and the consequences of failing to meet them.
In the letter, which arrived with franchises today (14 March), the EHRC sets out what each restaurant must do to comply with the Equality Act 2010 and prevent discrimination, harassment and victimization of their workers.
Franchisees are warned that failing to comply will leave them at risk of enforcement action'.
It follows an investigation into workplace conditions at McDonald's by the BBC in July. 2023 that gathered more than 100 allegations of sexual and racial abuse as well as harassment, homophobia and bullying.
At the time, McDonald's UK boss Alistair Macrow struggled to 'root out' behavior or conduct that fell below the 'high standards McDonald's expects of its staff.' However, the BBC published further allegations in January of this Year.
More than 700 McDonald's junior crew members have now joined a legal action
_against the fast food giant.
John Kirkpatrick, chief executive of the EHRC, said: "Every business in Britain, whether small or large, must comply with the Equality Act.
"The owners of McDonald's franchises are no exception, and we've written to them directly to clarify their obligations."
The letter explains that under the Equality Act 2010, employers must ensure that workers are not subjected to unlawful discrimination or harassment based on any of the nine protected characteristics set out in the Act.
Employers will be liable for any acts of discrimination or harassment that their workers commit unless the employer can show they took all reasonable steps to prevent those unlawful acts.
Since October 2024, the Equality Act 2010 has included a new duty on employers to take reasonable steps to prevent workers from being subjected to sexual harassment.
This includes preventing harassment from fellow workers and third parties such as suppliers and customers.
Employers are required to actively take reasonable steps to avoid harassment occurring and they should not wait until there is a complaint of sexual harassment before they act.
This could include regular risk assessments, ensuring younger or more vulnerable workers are adequately safeguarded, and ensuring complaints are dealt with sensitively and effectively through an established procedure.
"We know some business owners might be unsure of what action they need to take, and that's why we've created clear and easy-to-follow guidance that explains how businesses can meet their legal duties," Kirkpatrick said.
"This is available on our website, and we've shared it with all McDonald's franchises, so there is no excuse not to comply.
"We will not hesitate to take appropriate regulatory action if we believe a business is breaking equality law.
"Further to this intervention, we are actively working with McDonald's Restaurants Limited to strengthen our ongoing legal agreement with them in the light of the serious allegations raised by workers."
It followed the publication of a report detailing a 'toxic culture' that saw at least 1,000 women abused and predatory employees moved to different stores rather than sacked'.
At the time, Macrow claimed his company had a strong track record in protecting its workforce and that he welcomed the opportunity to work with the EHRC to further strengthen it.
Responding to the equality regulator's latest intervention, a McDonald's spokesperson said: "McDonald's agreement with the EHRC was signed in early 2023, with the intention that it continues to evolve to ensure the robust measures we have in place are aligned with any updated guidance.
"This is an agreement between McDonald's Restaurants Limited and the EHRC. The communications sent by the EHRC are to remind our franchisees of their legal obligations to provide a safe, respectful and inclusive workplace for their employees - which is the same
the legal requirement of all employers.
''We welcome any steps that mean we are continuing to make progress in this critical area.
''Together with our franchisees, we are committed to doing everything we can to ensure a safe working environment for all employees with far-reaching initiatives and measures as part of a Cultural Action Plan. ''These actions include everything from enhanced training programs and onboarding practices through to the launch of a new digital speak-up channel designed with our and our franchisees' restaurant crew in mind.
''We are confident that the plan we have in place is working and making a difference to the nearly 160,000 people currently employed by McDonald's and our franchisees across McDonald's in the UK and Ireland today.
