A BBC Watchdog investigation has recently revealed that it has received more than 100 claims of sexual assault, harassment, racism and bullying at McDonald’s restaurants from current and recent UK staff.
During a period of five months, interviews with McDonald’s workers found that there have been:
- 78 cases of sexual harassment
- 31 instances of sexual assault
- 18 claims of racism
- Six cases of homophobia
The BBC said it received the following claims from employees:
- “A 17-year-old current employee in Cheshire who says a colleague 20 years older than her called her a racial slur word and asked to show her his penis, and said he wanted to make a “black and white” baby with her
- A former worker who was 17 when a senior manager at a Plymouth restaurant choked her and grabbed her bottom. A shift manager also sent her sexually explicit images
- A manager in Hampshire who suggested a 16-year-old male worker perform sexual acts in exchange for vapes
- A manager who preyed on 16-year-old new female starters in a Cheshire restaurant, trying to pressurise them into having sex
- A woman who said she was called a slur word and subject to racist jokes at an Aberdeen branch
- A current worker in Essex who says she faced antisemitic abuse
- A current worker in Oxfordshire, originally from India, who says crew members spoke in “gibberish” to imitate her and called a Pakistani colleague a terrorist
- Male managers and crew members at a branch in Wales making jokes about putting cash bets on which of them could sleep with a new recruit first
- An outbreak of gonorrhoea at a branch in Northern Ireland where sexual relationships between staff members were commonplace”
In addition, various workers alleged that managers at different McDonald’s restaurants across the UK were responsible for the harassment and assaults with many senior managers failing to act on complaints received.
McDonald’s has set-up an investigations unit in light of the BBC Watchdog investigation. Chief Executive of McDonald’s UK and Ireland, Alistair Macrow, said the claims were “personally and professionally shocking” and that the company had “fallen short in some critical areas”.
What is considered workplace sexual harassment?
Under the Equality Act 2010, sexual harassment is defined as:
“unwanted conduct of a sexual nature that violates the dignity of an individual or creates an intimidating, hostile, degrading, humiliating, or offensive environment for them.”
In deciding whether conduct has this effect, the following must be considered:
- The recipient’s perception of the conduct
- The other circumstances of the case
- Whether it is reasonable for the conduct to have that effect
Workplace sexual harassment includes any unwanted verbal, non-verbal or physical conduct of a sexual nature such as unwelcome sexual advances, touching, forms of sexual assault, sexual jokes, displaying pornographic photographs or drawings or sending emails with material of a sexual nature.
Advice to employers
Preventing sexual harassment in the workplace is essential to ensure a safe and respectful environment for all employees. As referred to above, all employers have a legal responsibility to take proactive measures to prevent and address sexual harassment.
Here are some steps that employers can take to prevent sexual harassment in the workplace:
- Develop and communicate a clear anti-harassment policy
Employers should have a comprehensive policy in place that explicitly states the company’s stance against sexual harassment. The policy should define what constitutes sexual harassment, provide examples of unacceptable behaviour, and outline the procedures for reporting and addressing complaints. - Provide training
Regular training sessions should be conducted to educate employees about what constitutes sexual harassment, its impact, and the importance of maintaining a respectful workplace. Training can help create awareness and set clear expectations for behaviour. - Foster a culture of respect and inclusivity
Employers should promote a workplace culture that values respect, diversity, and inclusivity. This can be achieved through leadership, for example, encouraging open communication, and recognising and celebrating diverse contributions. - Establish reporting mechanisms
Employers should establish confidential and accessible reporting channels where employees can report incidents of sexual harassment without fear of retaliation. These channels should be well-publicised. - Promptly and impartially investigate complaints
Employers should take all complaints seriously and promptly investigate any allegations of sexual harassment. The investigation process should be fair, impartial, and thorough. - Take appropriate action
If an investigation finds that sexual harassment has occurred, appropriate disciplinary action should be taken against the perpetrator, up to and including termination of employment if necessary. - Support victims
Employers should offer support and assistance to victims of sexual harassment, including access to counselling or other resources, if needed. - Review and update policies
Regularly review and update anti-harassment policies and procedures to ensure they remain relevant and effective. - Lead by example
Employers and managers should lead by example and demonstrate respectful behaviour towards all employees.
By implementing these preventive measures, employers can create a positive work environment that respects the dignity and rights of all employees and reduces the likelihood of sexual harassment incidents and claims.
How Nelsons can help
Kate Frisby is a Trainee Solicitor at Nelsons.
For advice on or further information in relation to the subjects discussed in this article, please contact Kate or a member of our expert Employment Law team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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