The Equality and Human Rights Commission (EHRC) is the body responsible for enforcing the Equality Act 2010. One of the ways the EHRC enforces its powers is to enter into legally binding agreements with employers (called "section 23 agreements"). An organisation that enters into a section 23 agreement commits to upholding equality law. Usually these agreements focus on areas where there have been previous concerns.
In February 2023, McDonald's Restaurants Limited entered into a section 23 agreement with the EHRC in response to concerns that had been raised about its handling of complaints of sexual harassment by staff in its UK restaurants. Under the agreement, McDonald's committed to measures including:
Section 23 agreements typically involve the EHRC monitoring an organisation's compliance with the agreed action plan over a specified period. If the EHRC suspects that an organisation has failed, or is unlikely, to comply with its obligations under the agreement, it may apply to the court for an order requiring compliance.
Despite entering into the section 23 agreement, concerns continue to be raised about the workplace culture at McDonald's. Over 700 junior workers in the UK have brought new legal claims against McDonald's, raising allegations including:
In response to the claims, the EHRC has confirmed it is working with McDonald's to strengthen the section 23 agreement. McDonald's has also stated that ensuring the safety of its 168,000 workers is its top priority and that it has taken steps to address the issues that have been raised.
The McDonald’s case highlights the importance of the new legal duty on employers to take reasonable steps to prevent workplace sexual harassment, which came into force in October 2024. This duty, introduced to strengthen protections under the Equality Act 2010, requires employers to take a proactive approach to tackling workplace harassment.
Employers must now consider the risks within their organisations. It is no longer possible to rely solely on having policies in place; employers must actively implement and monitor them. This includes conducting risk assessments, developing and regularly reviewing action plans, and ensuring robust reporting mechanisms are accessible and effective.
This case underscores the need for employers to take proactive, practical steps to prevent workplace harassment. Employers should ensure they have clear anti-harassment policies, risk assessments, effective training, and confidential reporting mechanisms in place and regularly review workplace culture and act decisively on concerns. Strong policies mean little without consistent enforcement and a genuine commitment to employee welfare.
Our workplace culture survey workplace culture survey revealed that many organisations are still navigating these challenges, with gaps in training, risk assessments, and leadership engagement. To help employers meet their legal obligations under this new duty, we offer a range of services tailored to different needs, from risk assessment templates to fully supported culture audits and bespoke training.