When the head of McDonald’s claimed earlier this year that the company had “drawn a line under” its sexual harassment problems, the Equality and Human Rights Commission was quick to push back. That public disagreement matters well beyond the golden arches, because it offers a live lesson for any employer trying to understand what regulators now expect.
How McDonald’s Ended Up Under the Microscope
The EHRC first got involved back in 2023, after reports emerged that more than 100 UK staff at the chain had raised allegations of sexual harassment and bullying. The regulator put a formal legal agreement in place to monitor whether McDonald’s was actually meeting its duties to protect staff, and the company pledged to do exactly that.
Fast forward to April this year, and McDonald’s boss Lauren Schultz drew criticism for suggesting the worst was behind them. The EHRC publicly disagreed. It acknowledged real improvement in how staff were being treated, but the fact that it’s still involved three years on tells you something. Cultural problems of this kind don’t resolve overnight, and regulators won’t simply take a company’s word for it.
Employers Are Carrying a Heavier Duty Now
Since the Workers Protection Act came into force in October 2024, employers have had a positive duty to take reasonable steps to prevent sexual harassment at work. That sits alongside potential liability under the Equality Act 2010 for harassment carried out by employees in the course of their work.
The stakes go further than a standalone harassment claim. If someone is harassed and feels they have no realistic option but to resign, that can amount to a fundamental breach of their employment contract, opening the door to a constructive unfair dismissal claim on top.
A Quick Reminder: What Counts as Sexual Harassment
Sexual harassment is unwanted conduct of a sexual nature that either intends to, or has the effect of, violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. The EHRC treats “unwanted” as interchangeable with “unwelcome” or “uninvited”. A single incident can be enough, and conduct that was once welcomed can later become unwanted, so a history of acceptance is no defence.
What’s Coming Under the Employment Rights Act 2025
From October 2026, the duty gets tougher. Employers will need to take all reasonable steps to prevent harassment, not just reasonable ones. In practice that means doing everything reasonably possible rather than picking off the easy measures.
The scope widens too. Employers will become responsible for harassment of their staff by third parties, such as customers, clients, or contractors. Exactly what “all reasonable steps” looks like isn’t fully clear yet, with government regulations and EHRC guidance expected to fill in the detail over the coming months.
Practical Steps Worth Taking Now
A few things every employer should have in hand:
- Set the right culture. Make it unmistakable that harassment is unlawful and won’t be ignored or covered up. Staff should know your policy, know that perpetrators risk losing their jobs, and feel genuinely encouraged to report concerns rather than bury them.
- Keep policies under review. The law is moving, so your policy and training shouldn’t stand still. After any incident, revisit your approach straight away and ask what needs to change.
- Train consistently. Deliver proper, tailored training that reflects your specific risks, and make sure those handling complaints are equipped to assess and manage them.
- Document everything. Keep clear records of incidents and the steps you’ve taken in response. Evidence that you’re acting proactively is exactly what demonstrates compliance.
Where Specialist Advice Helps
The tricky part for most employers isn’t wanting to do the right thing; it’s knowing whether their current policies and training would actually hold up if tested. With the “all reasonable steps” duty landing in October 2026, that’s worth pressure-testing sooner rather than later.
Employment law of this kind sits at the intersection of regulatory duty, contractual risk, and tribunal exposure, so it pays to work with a firm that lives in this area day to day. A firm like Darwin Gray, for example, advises employers on reviewing policies, understanding their duties, and delivering bespoke harassment training built around an organisation’s own policies and risk profile. Getting that groundwork right now is far cheaper than defending a claim later.
