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 victimisation of their workers.
Franchisees are warned that any failure 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 pledged to ‘root out’ any behaviour or conduct that fell below the ‘high standards McDonald’s expects of its staff’.
However, further allegations were published by the BBC in January of this year.
John Kirkpatrick, chief executive of the EHRC, 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.”
The letter explains that under the Equality Act 2010, employers must ensure that workers are not subjected to unlawful discrimination or harassment on the basis of 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 includes a new duty on employers to take reasonable steps to avoid workers being subjected to sexual harassment.
This includes preventing harassment not only from fellow workers, but also from 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 properly 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 which 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 from workers.”
The BBC originally launched its investigation in February 2023 after McDonald’s Restaurants Limited signed the legal agreement with the EHRC in response to concerns about the handling of sexual harassment complaints made by staff in its UK restaurants.
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 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 the UK’s largest private-sector employers.
To read the letter written by the EHRC to McDonald’s franchises, click here.