McDonald’s franchises told to tackle sexual harassment or face regulator action
Earlier this year, more than 700 people who were aged 19 or younger when working at McDonald’s instructed law firm Leigh Day to take legal action.
Owners of McDonald’s British franchises have been told they could face legal action if they fail to take steps to protect workers from sexual abuse.
The Equality and Human Rights Commission (EHRC) informed the restaurant chain there was “no excuse not to comply” with rules protecting its workers from unlawful discrimination or harassment.
Earlier this year, more than 700 people who were aged 19 or younger when working at McDonald’s instructed law firm Leigh Day to take legal action on their behalf.
More than 450 McDonald’s restaurants had been implicated in the claims by February, which described discrimination, homophobia, racism, ableism and harassment.
The letter to restaurants in England, Wales and Scotland were told that any found in breach of their duties “may be at risk of enforcement action”.
It also outlined “reasonable steps” including regular risk assessments, increased safeguarding of younger workers and ensuring complaints are dealt with through a streamlined, effective procedure.
EHRC chief executive John Kirkpatrick said: “Every business in Britain, whether it’s 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 make their obligations clear.
“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 which explains how businesses can meet their legal duties.
“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 from workers.”
Leigh Day solicitor Mandy Bhattal said: “It’s worrying that over two years since McDonald’s agreed with the EHRC to take action due to reports of sexual harassment, and almost six months since updated laws regarding sexual harassment have been in place, they appear to have not taken responsibility for continued actions of its franchisees, meaning the EHRC has needed to step in.
“We look forward to hopefully now seeing change in terms of practices and policies within all McDonald’s restaurants to ensure the staff are protected from harassment, discrimination and unsafe workplaces.”
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 is to remind our franchisees of their legal obligations to provide a safe, respectful and inclusive workplace for their employees – which is the same legal requirement of all employers. We welcome any steps that mean we are continuing to make progress in this important 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 programmes 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 near 160,000 people currently employed by McDonald’s and our franchisees across McDonald’s in the UK and Ireland today.
“In the latest anonymous employee survey, 94% of people are aware of ways in which they can speak up and nine in ten people would recommend McDonald’s to a friend as a great place to work.”
McDonald’s is one of Britain’s largest employers, with more than 170,000 people working in 1,450 restaurants.
The fast food giant says the average age of its employees is 20.
The claims come after a separate BBC report in 2023, in which workers spoke of sexual assault, harassment, racism and bullying in the workplace.
That prompted McDonald’s to bring in consultants from PricewaterhouseCoopers (PwC) to audit its restaurants.
Leigh Day lawyers believe junior crew members and staff at McDonald’s could be entitled to bring claims, regardless of whether they have directly experienced harassment.
It said they could have been exposed to a culture of inappropriate conduct, and urged any current staff aged under 20 to join the legal action.
McDonald’s outlets work using a franchise model, meaning local managers are in charge of recruiting staff.
About 89% of British workers at McDonald’s are on zero-hours contracts.
