Owners of McDonald’s franchises across Britain have been told there is “no excuse not to comply” with rules protecting its workers from unlawful discrimination or harassment.
The Equality and Human Rights Commission (EHRC) has informed the restaurant chain they could face legal action if they fail to take steps to protect workers after more than 450 branches were implicated by claims of discrimination, homophobia, racism, ableism and harassment in February.
The letter to restaurants in England, Wales and Scotland also stated that any found in breach of its duties “may be at risk of enforcement action”.
It also outlined “reasonable steps” including regular risk assessments, increased safeguarding of younger workers and ensuring complaints are dealt with through a streamlined, effective procedure.
Earlier this year, more than 700 people who were aged 19 or younger when working at McDonald’s instructed law firm Leigh Day to take legal action on their behalf.
“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,” EHRC chief executive John Kirkpatrick said.
“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.
“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.”
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 Britain’s largest employers, with more than 170,000 people working in 1,450 restaurants. The fast food giant says the average age of its employees is 20.
The claims come after a separate BBC report in 2023, in which workers spoke of sexual assault, harassment, racism and bullying in the workplace.
That prompted McDonald’s to bring in consultants from PricewaterhouseCoopers (PwC) to audit its restaurants.
Leigh Day lawyers believe junior crew members and staff at McDonald’s could be entitled to bring claims, regardless of whether they have directly experienced harassment.
It said they could have been exposed to a culture of inappropriate conduct, and urged any current staff aged under 20 to join the legal action.
McDonald’s outlets work using a franchise model, meaning local managers are in charge of recruiting staff.
About 89 per cent of British workers at McDonald’s are on zero-hours contracts.
A McDonald’s spokesperson last year told the PA news agency the chain had done “extensive work” to make its workplaces safer.
“Any incident of misconduct and harassment is unacceptable and subject to rapid and thorough investigation and action,” they said.
They added that the company had set up a dedicated team to tackle the problem, which has “already rolled out company-wide programmes to improve safeguarding, drive awareness and enhance training”.
“We are confident that we are taking significant and important steps to tackle the unacceptable behaviours facing every organisation.”
A recent anonymous employee survey showed that 92 per cent of its workers are “now comfortable speaking up”, they said.
The company said it offers its employees the choice of zero-hours or guaranteed hours contracts.
