Legal action over harassment- 700+ workers target McDonald's

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McDonald’s employees have said they are still facing sexual abuse and harassment, a year after the boss promised to improve the culture and behaviour at the famous fast-food chain.

This week, 19-year-old worker, Matt, told the BBC how some of his colleagues are still scared of going into work, and that managers “touch up” other members of staff whilst on shift.

Legal action over harassment

Since the BBC’s original investigation into the company in July 2023, the UK equality watchdog has heard 300 reported incidents of harassment, forcing it to intervene again.

However, a McDonald’s spokesperson said the company had undertaken “extensive work” over the past year to ensure it has industry-leading practices in place to keep its workers safe.

This week, the UK boss of McDonald’s was summoned to answer MPs’ questions for a second time, including over claims of sexual abuse.

Some of the claims include the following:

A worker quit her job in the West Midlands at the end of 2023, after she says managers inappropriately touched her and customers sexually harassed her. When she raised it, she says she was told to “suck it up”.
A 16-year-old current employee based in the West Midlands says he was bullied, shouted at and sworn at by managers.
A female worker, 20, says a male manager sent her topless pictures. She left her McDonald’s branch in the East of England in August.

According to the BBC, these claims all relate to events after November 2023, when the boss of McDonald’s UK, Alistair Macrow first appeared in front of parliament’s Business and Trade Committee.

Mr. Macrow told MPs then that the firm was taking action to improve working conditions, after the BBC uncovered widespread concerns over the treatment of staff. However, one current and two former workers from different parts of the country, claim that the restaurant audits that were promised, were stage-managed by the branches.

At present, more than 700 current and former junior employees are reportedly taking legal action against the firm, accusing it of failing to protect them.

‘Toxic’ work environment

This week, 19-year-old Matt told the BBC how he quit his McDonald’s branch in the Midlands last year because of what he calls a “toxic” work environment.

He said he was bullied for having a learning disability and an eye condition.

“And then it was stuff you noticed, managers and staff being racist to other staff. Managers trying to touch other staff up,” he said.

He said some staff members felt scared to go into work, because they feared something “horrible” happening.

Matt said the work culture had not changed by the time he left in May.

Other allegations include managers asking workers for sex in exchange for more shifts.

In a BBC report, a worker, Claire, (not her real name) who worked at a branch in the Midlands until May 2023, said a shift manager asked her for sex in return for extra shifts, which she refused. She was 17, he was in his 30s.

“You don’t expect that to happen,” she said. “It was totally inappropriate.”

Like most McDonald’s workers, Claire was employed on a zero-hours contract.

Zero hour contracts and ‘power imbalance’

According to reports, across the UK, 89% of their workers are on zero-hours contracts. But some workers, told the BBC the insecure hours leads to an imbalance of power with local managers being responsible for employing the staff for their restaurants.

McDonald’s says workers can choose to switch to minimum guaranteed hours. But the BBC said they have have spoken to 50 workers across the country who say they were not given that choice.

Claire says she felt “dependent” on her managers for work. “I was always asking for more shifts, as I needed more money,” she said.

Liam Byrne, chair of the Business Select Committee, which will question Mr. Macrow later on Tuesday, told the BBC the situation was “appalling”.

“There is a clear pattern of abuse here that suggests that McDonald’s has become a hotbed of harassment and it’s incredibly serious,” he said.

“And when the boss of McDonald’s came before us last year he promised that he would root out this problem and it’s quite clear that he’s failed.”

Abuse and sexual harassment at work – Making a claim

If you have suffered abuse or sexual harassment at work, you may be entitled to compensation. Employers have a duty to ensure workers are safe from harm at work under the following laws and regulations:

Equality Act 2010

The Equality Act 2010 is the primary legislation addressing sexual harassment in the workplace. It defines sexual harassment as unwanted conduct of a sexual nature that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.

Employers are required to take reasonable steps to prevent harassment in the workplace. Failure to do so can result in liability for the employer if harassment occurs.

Examples of Sexual Harassment:

Inappropriate sexual remarks or jokes.
Unwelcome touching or physical contact.
Sending sexually explicit messages or images.
Displaying inappropriate materials.
Persistent unwelcome advances or propositions.

Protection from Harassment Act 1997

This Act makes harassment a criminal offence and provides civil remedies as well. While it applies broadly, it can cover persistent harassment in the workplace, including sexually abusive behaviour.

Criminal Offence: Perpetrators can face criminal charges if their actions cause fear, alarm, or distress.
Civil Claims: Victims can pursue damages for the harassment, including compensation for emotional suffering.

Health and Safety at Work Act 1974

Employers have a duty under the Health and Safety at Work Act 1974 to ensure the physical and mental well-being of their employees. Sexual harassment or abuse that affects an employee’s mental health can be considered a breach of this duty.

Employers must take action to prevent workplace conditions that could lead to harm, including creating policies and providing training to combat harassment.

Employment Rights Act 1996

Under the Employment Rights Act 1996, employees have the right to work in an environment free from sexual harassment or abuse.

If an employer fails to address harassment, an employee may resign and claim constructive dismissal if they can prove the employer’s inaction constituted a breach of contract.

What should I do if I am suffering abuse or harassment at work?

The most important thing above any claim you may have is in maintaining your own health. This must be the priority.

If you are concerned about how you are coping with bullying and harassment at work, we would encourage you to speak to your GP and seek specialist advice. They have a wealth of experience and knowledge surrounding the issues of mental ill-health.

At your workplace and before any issues escalate, do try to speak to someone who may be able to help you and who you feel able to confide in. If you have been battling these issues quietly, explain the problems you are facing at work in a calm and professional manner to your employers. Nobody can read minds.

If you later consider making a claim, having a record of work issues raised can be useful. If you feel as though you have tried to bring them to your employer’s attention and are still experiencing bullying and harassment, we would be happy to discuss the matter further with you.

Please get in touch for a free and confidential assessment if you feel as though you would benefit from some legal support.

Why should I use Oakwood Solicitors Ltd?

At Oakwood Solicitors, we are committed to guiding survivors of harassment and sexual abuse through the legal process with sensitivity and expertise.

Whether pursuing a civil claim for compensation, holding employers accountable for failing to address workplace harassment, or seeking justice against perpetrators, we offer compassionate and professional support tailored to each client’s needs.

Our experienced team is here to help you understand your rights, build a strong case, and achieve the best possible outcome.

If you or someone you know has been affected by harassment or sexual abuse, we encourage you to contact Oakwood Solicitors for a confidential discussion.

McDonald’s: More than 700 workers take legal action over harassment claims