McDonalds is back in our headlines. The BBC has recently reported on the alarming rates of sexual harassment of its staff rising to such an extent that the Equalities and Human Rights Commission (the equalities watchdog) has investigated them and acted.  

Whilst their decision to row back on ED&I initiatives (along with other US multinationals) might be unrelated, it demonstrates again that the USA and UK's direction of travel when it comes to discrimination in the workplace appears to be heading in very different directions.

Key learning points

• Employers must take reasonable steps to prevent sexual harassment
• The EHRC will act if employers ignore their duty, and the resulting reputational damage could be extensive

Preventing Sexual Harassment

As we have previously blogged, as of 26 October 2024, all employers have a duty to take reasonable steps to prevent the sexual harassment of their staff. In the words of the Chief executive of the EHRC, 

“It is your [employer’s] duty to ensure that any anti-discrimination and harassment measures you currently have in place are effective, and to take any necessary steps to protect your workers”.  

Whilst organisations cannot control their employees’ behaviours, nor foresee all circumstances in which sexual harassment may occur, here are some of the things that organisations can do to minimise the risks.

• Ensure policies are up to date AND accessible to all staff. Outline clearly in those policies a zero-tolerance approach to sexual harassment and steps that should be taken when the risk of sexual harassment is identified.
• Complete risk assessments – where is sexual harassment most likely to happen in your organisation? Is it where there are more men than women working within various teams? Is it where there is a clear power imbalance between predominately male managers and female workers (or vice versa)? Is it where staff are working with third parties (contractors/service users/members of the public) and are subject to their behaviours? 
• Create an action plan. Once the risk assessments have been completed, identify your greatest risk areas and implement action plans to eliminate/minimise those risks. 
• Ensure effective reporting procedures.  Incidents may happen but how organisations deal with them and learn from them is key. The reports from McDonalds suggest that staff just left as they had no faith in the organisation to make their working lives any easier or safer.  This does not help address the problem, create an organisation where staff thrive or take steps to prevent tribunal claims.

Beware the EHRC!

Many organisations have noted the change in the law but have not followed up with action. It’s understandable; financial constraints hamper new initiatives and the onset of day-one rights under the ERB is stressful enough. What we learn from the McDonalds report, however, is that the EHRC will act, they have the power to impose fines and publish reports which can lead to extensive reputational damage.

Action Points

• Consider what steps your organisation should be taking to comply with the new duty to prevent sexual harassment. 
• Contact our team if you would like to discuss how we can support you and purchase our comprehensive risk assessment product; this provides a framework which is intuitive and easy to follow and helps identify risks and the necessary action points to mitigate them.
• Look at the EHRC website for further advice on meeting the duty. Here’s their technical guidance on sexual harassment and harassment at work.
• Read our earlier blog for further information.