Toxic workplace culture…I’m not loving it

What are employers’ duties?

A toxic workplace culture refers to an environment whereby negative behaviours such as bullying, harassment, discrimination and a lack of respect are prominent. Employers have a number of duties to prevent and address a toxic workplace culture, including: –

1. Providing a safe and inclusive environment – this includes taking proactive measures such as having policies and procedures in place and providing adequate training to employees on issues such as harassment and discrimination.
2. Preventing harassment and discrimination – employers are responsible for taking “all reasonable steps” to prevent harassment and discrimination through implementing effective policies, conducting regular training programs and establishing reporting mechanisms to address incidents promptly.
3. Responding and taking action – employers have a duty to respond promptly and appropriately to reports or complaints of toxicity in the workplace. This includes conducting thorough investigations into allegations of misconduct, ensuring confidentiality and taking disciplinary action against individuals responsible, if these allegations are substantiated.

Consequences for non-compliance with duties?

Failure to meet these duties can result in significant consequences for employers, including:

1. Legal liability – employers may face legal claims and potential liability if employees suffer harm due to a toxic workplace culture. In certain situations, employees may be able to bring Employment Tribunal claims relating to discrimination, harassment, constructive dismissal and breach of the employer’s duty of care.
2. Reputational damage – as we have seen with McDonalds this week, news of a toxic workplace culture can significantly harm an employer’s reputation through negative publicity. In turn, this may lead to difficulty in attracting and retaining staff, as well as harming business relationships and that customers may choose to avoid the chain altogether.
3. Employee disengagement – a toxic workplace culture can lead to high staff turnover rates, increased absenteeism and decreased employee engagement. This can negatively impact productivity and staff morale.

Take home points?

While McDonald’s claims to provide regular training and monitoring on preventing harassment, discrimination and workplace violence, the repeated occurrences of misconduct indicate that these measures have not been effective. In this situation, employers would be advised to conduct thorough investigations into each allegation, hold accountable those responsible and implement safeguards to prevent future incidents.