Lidl GB has signed a legal agreement with the Equality and Human Rights Commission to prevent sexual harassment in the workplace.
It follows the employment tribunal case of Hunter v Lidl GB, which found the supermarket chain had failed to take all reasonable steps to prevent sexual harassment.
Ms Hunter, who was a teenager when she worked at a Lidl store in Wallingford, Oxfordshire, brought the claim against the company over comments made by a deputy manager and how the company responded to them.
Sexual harassment
Lidl worker wins £50k following manager’s sexual remarks
Duty to prevent sexual harassment – what employers need to know
A deputy manager allegedly told Hunter she would “look good” in a pair of knickers being sold in the store. When she said he could not say that to her, he responded by saying, “Better get used to it”.
He also said he wanted to sleep with her, and that she was “distracting” in her uniform. He was claimed to have touched her on the bottom, thigh and waist, and would put his arm around her and attempt to hug her.
In 2023, the tribunal found that Lidl managers at the store were not aware of the company’s anti-harassment policy. In addition, no risk assessments had been conducted, and Lidl relied on its employees to submit complaints before any action was taken.
Lidl was criticised for ignoring Hunter’s verbal complaints as well as her request to be transferred to a store with a female manager. Her resignation in 2021 was deemed constructive dismissal. Lidl was held liable for both the harassment and failure to address it appropriately, including failure to provide evidence of staff training on harassment or equality policies. She was awarded £50,900 in damages.
Under the Equality Act 2010, employers are legally responsible if an employee is sexually harassed at work by another employee, and the employer has not taken all steps they could to prevent it from happening. The tribunal found that Lidl GB had not taken all steps in relation to this case.
In October 2024, the Worker Protection Act introduced a proactive duty to prevent sexual harassment, meaning employers can face liability for failing to take reasonable steps even if there are no incidents of sexual harassment between employees.
Improvements welcomed
Baroness Kishwer Falkner, EHRC chairwoman, said: “Every employer has a legal duty to prevent sexual harassment and they must be able to prove they’ve taken reasonable steps to do so.
“We welcome the improvements Lidl GB has already made since an employment tribunal ruled against them, and their willingness to take the further steps we have recommended. By signing this legal agreement, Lidl GB has committed to carrying out this work based on our expert advice.
“Sexual harassment is never acceptable in the workplace. All employers should take note of what the law requires of them under the preventative duty. We will continue to use our unique powers as Britain’s equality regulator to ensure everyone can work without fear of sexual harassment.”
Lidl took steps to improve protections for its staff following the judgment, such as delivering additional training to the managers concerned and introducing further bullying and harassment training for broader roll-out across the business. Some further action was taken in consultation with the EHRC, such as completing a sexual harassment risk assessment.
Lidl’s legal agreement with the EHRC builds on work already carried out and sets out the further steps Lidl GB has committed to under the new duty. The regulator will monitor the completion of the actions. Commitments made by Lidl include:
- Run a staff survey relating to sexual harassment and assess if additional preventative steps are necessary
- Develop a system to monitor and analyse informal complaints of sexual harassment to identify ongoing risks
- Monitor the effectiveness of complaint handling for new formal complaints
- Review a sample of sexual harassment complaints from 2023 and 2024 to assess any trends and risks
- Arrange meetings with its existing DEI groups to discuss risks of sexual harassment and any additional preventative steps that could be taken.
Respectful environment
A spokesperson for Lidl GB said: “No person should be subject to harassment in the workplace, so providing our colleagues with a safe and respectful environment is an absolute priority for us. That’s why we have robust policies and procedures in place, which we’ve taken steps to further strengthen over the past few years.
“We continually look for opportunities to drive improvements to our processes and ways of working and, therefore, value the opportunity to work voluntarily with the EHRC, to see where we could define actions that will further support our values and colleague experience.”
Kate Palmer, employment services director at Peninsula, said: “The EHRC’s intervention with Lidl makes it very clear – employers must take their obligations to prevent sexual harassment seriously. Whilst Lidl may be a household name, this agreement sets an important example to all other employers that the new sexual harassment responsibilities will be enforced. Every employer, regardless of size, must comply with the duty to avoid being publicly held to account.”
She added: “While a robust policy is the first step in preventing misconduct, organisations should also ensure they have a clear, zero-tolerance attitude towards this behaviour. Similarly, workplace training for managers and workers on how to manage, avoid and report inappropriate actions can go a long way in discouraging all forms of sexual harassment in the workplace, as can providing effective support for affected employees.”
Employee relations opportunities on Personnel Today
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
Browse more Employee Relations jobs
