Sexual Harassment In The Workplace

Given the recent changes to the law surrounding harassment in the workplace which came into effect in October last year as a result Employment Rights Bill, companies are increasingly being held more accountable for their failings with regard to preventing sexual harassment taking place in the course of an employee’s employment.

It has been reported today (14^th March 2025) that the equality watchdog has written to every Mcdonalds in Britain warning that its owners could face legal action if they fail to take ‘reasonable steps’ to protect staff from sexual abuse, which is a duty imposed on employers under the Equality Act 2010.

The fast-food chain has already faced scrutiny in the past years for its toxic culture of sexual assault and harassment, with the chief executive vowing to make changes.

The letter sent to McDonald’s set out what the equality watchdog would consider ‘reasonable steps’ that employers in the hospitality industry should take to prevent sexual harassment. These include:

• Undertaking regular risk assessments.
• Ensuring younger and more vulnerable workers are properly safeguarded.
• Ensuring complaints are effectively dealt with- following a proper process.

Failure to comply with their obligations could result in the Equality and Human Rights Commission (EHRC) taking the employer to court. Fines for non-compliance with sexual harassment legislation are unlimited.

Although this story points a finger at restaurant chains in particular, all employers should be aware of their obligations to employees under equality legislation. We therefore recommended that, given the recent changes to the legislation, employers take the opportunity to review their policies and procedures relating to sexual harassment.

Policies/procedures that are worth reviewing include:

• Risk assessments- Considering your work practices and identifying areas where sexual harassment may occur, looking at resignation and grievance patterns in teams and putting steps in place to prevent recurrence.
• Anti-harassment policy- This may just mean updating a pre-existing policy and ensuring that it is fit for purpose.
• Reporting- put in place a reporting system and keep appropriate records to help identify trends.
• Training- Offer regular refresher training to all employees to ensure they are aware of how to spot sexual harassment in the workplace and how to report anything that doesn’t seem appropriate.
• Taking action- Make sure that the company has a process in place for when a complaint is made.
• Continuous monitoring- You should review the steps that you have put in place on an ongoing basis. Use the information reported to you to identify trends and in turn take preventative action.

If you require assistance with reviewing/drafting harassment policies or designing a prevention strategy, or if you have any questions in regard to preventing sexual harassment in the workplace more generally- please reach out to a member of the team for a free initial call.