Sexual harassment has long been a persistent problem both within and outside the workplace. With new employment laws being introduced to tackle this (October 2024 and upcoming changes in October 2026), it signals a shift in UK workplaces, in how employers are expected to address and prevent such behaviour. These developments reflect a growing emphasis on proactive and reasonable measures to foster safer, more respectful working environments.
The current law and upcoming legislative changes:
October 2024 (current law) – Employers must take ‘reasonable steps’ to prevent sexual harassment in the workplace.
October 2026 (upcoming new law) – Strengthened preventative duty: The requirement on employers to prevent sexual harassment will be strengthened from taking “reasonable steps” to taking “all reasonable steps.” This raises the bar for what is expected of an employer.
It is worth noting that employers will also have third-party harassment liability too.
McDonalds have been under scrutiny the last couple of years regarding their duty of care failures. The BBC have recently been investigating after serious allegations were raised regarding harassment at work. To put it into perspective, the EHRC heard 300 reported incidents of harassment. To this day, it has been found that the same employees are still facing sexual abuse and harassment. On the whole, McDonalds has become a prime example of the repercussions businesses will face when they simply fail in their duty to protect their employees.
So what are they doing to make significant changes in their workplaces?
The most recent report focuses on McDonald’s shift and extended plan to protect its staff from sexual harassment; this is largely centred around new training. For an organisation and franchise as big as McDonalds, this shouldn’t be a significant change. It should have been a basic standard practice, especially since the 2024 legislation came into force.
Whether your organisation is big or small, sexual harassment training needs to be more than a tick box exercise. When implemented properly, such training can foster genuine awareness and behavioural change. True engagement with training is vital for clearly addressing not only the legal boundaries but also the values within the workplace, such as respect, trust, consent and communication. Employers must take a zero-tolerance stance on sexual harassment, ensuring that all employees understand both the seriousness of the issue and the consequences of engaging in such behaviour. A clear, consistent message that harassment will not be tolerated is fundamental to building a workplace culture where everyone feels safe and respected.
What should be your key takeaway?
We can’t stress enough how crucial it is to review your current policies and practices regarding sexual harassment. Ask yourself: Are we doing enough? Are we being proactive in tackling sexual harassment? Are we taking all reasonable steps? Do our existing processes need to be reviewed or strengthened?
You don’t need to wait until October 2026 to take action. The time to start shaping and improving your approach is now. Taking early, proactive steps will not only help your business stay compliant with upcoming legislation but also create a safer, more respectful workplace culture.
If you would like expert guidance on reviewing your current policies, implementing effective training, or ensuring full compliance with sexual harassment laws, get in touch with our HR team today.
Get in touch with us by emailing lucy@mcmillanandassociateshr.com
Read the BBC article here.