Warning to comply with new duty to prevent sexual harassment
The Equality and Human Rights Commission has written to every branch of McDonalds warning them that they must comply with their duty to prevent sexual harassment or face enforcement action.
It comes following reports in January this year that workers at McDonald’s were suffering from sexual harassment. At the time the Chair of Equality and Human Rights Commission said they had received 200 complaints since October 2024. You can read more about that story here (https://www.sherborneslaw.co.uk/legal-updates/2025-01-new-duty-to-prevent-sexual-harassment-begins-to-bite). Since October last year all employers have a duty to take reasonable steps to prevent sexual harassment of employees – whether by fellow staff or third parties, such as clients, customers or suppliers.
Whilst there is no standalone right for an employee to bring a claim against an employer for failure to comply with the new duty, under the new law the EHRC have wide ranging enforcement powers. It can carry out its own investigation, issue unlawful act notice, enter into binding agreements with employers requiring them to prevent future breaches and even take an employer to court, where they could receive an unlimited fine or be issued with an injunctions to prevent future breaches.
Regulatory bodies and watchdogs are increasingly being given power to take action in their own right. For years the ICO has had the power to issue enforcement notes, carry out inspections and issue fines. The EHRC is now flexing its muscles and exercising the rights it was given less than 6 months ago.
The Employment Rights Bill currently going through parliament will introduce a new Fair Work Agency which will have the right to bring claims against employers directly for employment law breaches.
Employers need to be increasingly mindful that it’s not just claims by employees that they need to be conscious of.
If you are unsure of how to comply with the new duty to prevent sexual harassment, get in touch.