The recent case of Hunter v Lidl GB has highlighted the responsibilities employers have in preventing sexual harassment and the serious consequences when they fail. Following a Tribunal ruling, Lidl has now entered a legally binding agreement with the EHRC to strengthen safeguards against harassment in the workplace.
What happened?
A Lidl employee, who was only a teenager at the time, suffered repeated sexual harassment from a deputy manager. The comments and physical contact she had been subjected to were deeply inappropriate and distressing.
When she raised concerns, Lidl’s management failed to act effectively. Managers were unaware of company policies, no risk assessments had been carried out, and her verbal complaints were ignored. Eventually, she resigned, which was deemed constructive dismissal, and she was awarded £50,000 in damages.
The Tribunal found Lidl had not taken all reasonable steps to prevent harassment, which is a legal duty under the Equality Act 2010.
What Lidl has agreed to do
Lidl has already introduced additional training and reviewed policies, but under the EHRC agreement, it has committed to:
Running staff surveys to understand workplace risks and preventative measures that may be required.
Monitoring effectiveness of the handling of complaints.
Reviewing past complaints to identify trends.
What this means for employers
This case sends a clear message, having a policy on paper is not enough. Employers must demonstrate real, proactive action to protect their employees. Practical steps that can be taken include:
Policies that are widely understood and not just a part of the staff handbook.
Training at all levels whether this is managerial or employees. They must all know how to recognise, prevent and respond to inappropriate behaviour.
Proactive monitoring, regularly assessing risks and reviewing workplace culture.
Supporting employees by providing safe reporting channels and demonstrating a zero-tolerance approach to harassment of any nature.
What employees should know
Every employee has the right to a safe and respectful workplace. If you experience harassment:
Know your rights – under Equality Act 2010, your employers have a duty to protect you against harassment.
Report concerns – use internal channels to report inappropriate behaviour.
Don’t suffer in silence – harassment is never acceptable, and support is available.
The bigger picture
This serves as a reminder that preventing harassment at work is not a tick box exercise but a core part of workplace culture. A safe environment is crucial in boosting employee trust, retention, and overall wellbeing.
As the EHRC Chairwoman, Baroness Kishwer Falkner, put it: “Sexual harassment is never acceptable in the workplace. All employers should take note of what the law requires of them under the preventative duty.”
How we can help
At Lawson West Solicitors, we have an experienced team who can assist both employers and employees to create and maintain safe and respectful workplaces. For employers, we provide practical support from drafting anti-harassment policies and advising on investigations. For employees, we offer clear, compassionate guidance if you have experienced harassment at work, helping you understand your rights and the options available to you.
If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.
