Lidl GB has entered into a legally binding agreement with the Equality and Human Rights Commission (EHRC) to strengthen the measures it employs to prevent sexual harassment in the workplace.
Hunter v Lidl GB
This action follows the recent Employment Tribunal decision in the case of Hunter v Lidl GB, where the supermarket was found to have failed to take reasonable steps to prevent sexual harassment from occurring in the workplace.
Background
Ms Hunter, a former teenage employee, alleged that she had been repeatedly subject to inappropriate comments and physical contact from her Deputy Manager. This included remarks about how she would look in lingerie sold at the store and statements such as “she better get used to it” after she objected to his comment.
Ms Hunter also alleged that the Deputy touched her on the bottom, thigh and waist and that he would put his arm around her and attempt to hug her. She also alleged that he told her that he wanted to sleep with her, that she was “distracting” in her uniform.
Despite raising concerns verbally and requesting a transfer to a store with a female manager, Lidl failed to take appropriate action. Ms Hunter eventually resigned in 2021 and brought a claim for constructive unfair dismissal.
Outcome
The Tribunal upheld Ms Hunter’s claim for constructive dismissal and awarded her £50,900 in damages.
The Tribunal also found that store managers were unaware of Lidl’s own anti-harassment policies, that no risk assessments had been conducted and that the company largely relied on employees to initiate complaints before taking action. Lidl was found liable for both the harassment and the failure to adequately address it, including not providing evidence of staff training on equality or harassment.
New legal obligations under the Worker Protection Act 2023
In accordance with the Equality Act 2010, employers are vicariously liable for acts of harassment committed by their employees, unless they can demonstrate that they have taken “all reasonable steps” to prevent the harassment from occurring.
In October 2024, the Worker Protection (Amendment of Equality 2010) Act 2023 introduced a new duty requiring employers to proactively prevent sexual harassment from occurring in the workplace regardless of whether incidents are reported.
Lidl’s agreement with the EHRC outlines several specific actions the company must complete, including:
- Conducting a staff survey to assess risks related to sexual harassment and whether further measures are needed
- Establishing a system to track and analyse informal complaints to identify recurring issues
- Monitoring how formal complaints are handled and evaluating their effectiveness
- Reviewing complaints from 2023 and 2024 to identify patterns or risks
- Engaging its existing diversity, equity and inclusion (DEI) groups to identify further preventive actions
The EHRC will oversee Lidl’s implementation of these commitments.
Since the Tribunal ruling, Lidl has implemented additional training for relevant managers and rolled out enhanced anti-bullying and harassment training across the business. In collaboration with the EHRC, it has also conducted a workplace risk assessment related to sexual harassment.
What does this mean?
This agreement serves as a powerful reminder that even large-scale employers are not exempt from scrutiny by the ECHR and that all employers, regardless of size, must meet the new legal obligations to avoid reputational and legal consequences.
For more information on the steps necessary to demonstrate compliance with the enhanced duty on employers to prevent sexual harassment in the workplace, contact a member of the Glaisyers ETL Employment team.
