Sexual Harassment

Sexual Harassment: Lessons from Big Hitters

You would have to live in a cave to have not seen the significant increase in media stories on familiar names and sexual harassment allegations.

Several well-known figures and corporations are under investigation for allegations of sexual harassment at work.

Greg Wallace, presenter on MasterChef, received multiple allegations of sexual harassment from contestants of the show.

However, it was his initial response on social media to these claims that gained further attention, claiming that the allegations were all from “middle-class women of a certain age”, and that there had been plenty of banter from others on set as well.

Since the original allegations, many more have stepped forward and although Wallace denies the claims, he has been suspended from MasterChef while the investigations are underway.

McDonald’s has also come under scrutiny recently, with legal action being lodged by law firm Leigh Day, who are representing more than 700 current and ex-employees over allegations of sexual harassment, as well as claims of discrimination, homophobia and racism.

McDonald’s Chief Executive, Alistair Macrow, believes the fast-food chain had introduced measures to provide a secure and safe workplace, helping employees feel confident speaking up, and that the allegations were not reflective of the wider culture at McDonald’s.

However, others argue that McDonald’s has failed to provide this secure workplace environment, and Leigh Day urges those affected to join the claim.

With the introduction of the Worker Protection Act in October 2024, employers now must take reasonable steps to prevent sexual harassment in the workplace.

Sexual harassment is defined as unwanted sexual conduct that has the purpose and/or effect of violating the individual’s dignity or creating an intimidating, hostile and offensive environment.

As seen in the case of Greg Wallace, employers need to understand that the effect, or how the individual perceives the behaviour, is more important than what was intended.

Excuses such as banter or not intending to upset others will not stand up as a defence at a tribunal.

With McDonald’s, having clear processes to prevent sexual harassment as well as effective procedures for dealing with complaints, and providing regular access to training is essential to ensure that employees feel confident to speak up and challenge unacceptable behaviour.

Employers are also advised to carry out risk assessments for those most at risk and explore any reasonable steps to take to reduce risks.

If employers fail to meet their obligations in preventing sexual harassment in the workplace, they can be liable to additional compensation of up to 25% for any employee who successfully brings a sexual harassment claim.

Employers may also be investigated by the Equality and Human Rights Commission, with enforcement action being taken.