The key takeaways from McDonalds for Employers

In October 2024, the new sexual harassment legislation came into force, requiring employers to take ‘reasonable steps’ to prevent sexual harassment. It is clear employers should be proactive in responding to incidents of sexual harassment in the workplace.

For businesses looking to navigate these changes, high-profile cases like the McDonalds abuse claims can provide valuable lessons on managing workplace culture, ensuring compliance, and protecting both employees and the company from the risks associated with harassment.

Since investigations by the BBC into working conditions at McDonalds began in February 2023, the Equality and Human Rights Commission (EHRC) has heard 300 reported incidents of harassment. More than 700 current and former junior employees are now taking legal action, accusing McDonalds of failing to protect them. 1,400 branches have been written to and informed they must comply with their legal duties or risk enforcement action.

1. Slow response to Allegations

McDonald’s has been criticized for not responding quickly enough to harassment claims in the past. In several instances, employees reported incidents of harassment, but the company was accused of failing to act swiftly to address the situation or protect the victims. Delayed responses to allegations can create a culture of silence and make employees feel unsafe or unsupported.

2. Failure to Adequately Train All Employees

While McDonald’s has implemented training programs, some critics argue that these efforts were not extensive enough, especially for frontline staff and franchisees. Inconsistent training across its global network, including franchise locations, meant that not all employees were equipped with the same knowledge on identifying and addressing sexual harassment. This inconsistency left some employees vulnerable and unsure about their rights and the company’s policies.

3. Inadequate Reporting Mechanisms

At various points in time, McDonald’s lacked clear and accessible reporting channels for employees to report harassment. When employees did report harassment, some found the process to be cumbersome or unresponsive. Without an easily accessible and transparent way to report incidents, employees may have felt discouraged from speaking up, allowing harassment to continue unchecked.

4. Weak Enforcement of Policies

Even when policies were in place, McDonald’s faced criticism for not consistently enforcing them across all locations. Some employees reported that while the company’s zero-tolerance policy against harassment was communicated, it was not always acted upon when complaints were made. Inconsistent enforcement of harassment policies can undermine the company’s efforts to create a safe and respectful workplace.

5. Lack of Support for Victims

In some cases, McDonald’s did not provide adequate support for employees who reported harassment. This includes insufficient resources, such as counselling or options for relocation, for those who experienced harassment. Without proper support, employees may have felt isolated or further victimised rather than protected and empowered.

6. Franchisee Oversight Issues

McDonald’s operates with a large number of franchised restaurants, which introduced challenges in maintaining consistent standards and policies across all locations. Some franchisees did not implement company-wide anti-harassment policies to the same extent, which led to discrepancies in how harassment complaints were handled. This lack of oversight and control contributed to incidents where employees did not feel the same level of protection at franchise locations compared to corporate-owned ones.

7. Investigations

Investigations into claims of sexual harassment must be fair and conducted fully. Internal investigations can sometimes be biased or influenced by personal relationships or power dynamics. The McDonald’s case highlights the potential for organisations to mishandle investigations, leading to distrust among employees.

A third-party investigator from outside of the company or unknown to the individuals involved offers an impartial view of the situation, helping to ensure fairness and transparency in the process. This also reassures employees that the company is taking their concerns seriously and is committed to handling them objectively.

8. Culture

Ultimately, one of the most profound lessons from the McDonald’s harassment claims is the need for companies to cultivate a broader culture of respect, equality, and inclusion. While policies, training, and investigations are necessary, they cannot replace a truly respectful work environment.

Conclusion

The introduction of the new sexual harassment legislation in the UK is a significant moment for employers to reflect on their practices and improve workplace safety and culture. McDonald’s offers valuable lessons in implementing robust training, fostering a zero-tolerance policy, ensuring clear reporting mechanisms, promoting accountability, supporting victims, and regularly reviewing workplace culture. By following these practices, employers can not only comply with the new legal requirements but also create a work environment where employees feel safe, respected, and valued.

Ultimately, creating a culture of respect and inclusivity is essential not just for legal compliance but for building a workplace that attracts and retains top talent, enhances employee satisfaction, and drives overall business success.

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