The recent employment tribunal case of Hunter v Lidl GB has placed workplace sexual harassment prevention under the spotlight. Following an employment tribunal judgment, Lidl Great Britain Limited (Lidl GB) entered into a legally binding agreement with the Equality and Human Rights Commission (EHRC) to strengthen its anti-harassment measures. For compliance professionals, this case illustrates the increasing harassment compliance expectations on employers under the current Worker Protection Act and forthcoming Employment Rights Bill.
The Lidl case follows other high-profile interventions, such as McDonald’s signing a similar EHRC agreement in 2023 amid allegations of a toxic workplace culture. Together, they signal a clear regulatory trend: employers are expected to prove proactive prevention, not simply respond to incidents.
With the Employment Rights Bill set to tighten requirements further, the direction of travel is obvious: employers must shift from passive compliance to active prevention.
The case: Hunter v Lidl GB
Between 2019 and 2021, Ms Hunter, a teenage employee at Lidl’s Wallingford branch, experienced repeated harassment from her Deputy Manager. This included inappropriate remarks, unwanted physical contact, and suggestive comments.
Despite her objections and requests for transfer, Lidl failed to act effectively. The tribunal found:
- Store managers were unaware of Lidl’s own anti-harassment policy.
- No sexual harassment risk assessments had been conducted.
- The company relied on employees raising complaints before intervening.
- Lidl failed to provide evidence of staff training on equality and harassment.
The tribunal upheld Ms Hunter’s claim for constructive dismissal, awarding her over £50,000 in damages. Crucially, Lidl was held liable under the Equality Act 2010 for failing to take “all reasonable steps” to prevent harassment.
The EHRC Agreement
In response, Lidl signed a section 23 agreement with the EHRC. This is enforceable through the courts and commits the supermarket to a series of preventative measures, including:
- Conducting a staff survey on sexual harassment.
- Developing systems to monitor informal complaints and identify risks.
- Reviewing complaint handling and analysing trends from 2023–2024 cases.
- Consulting with DE&I groups on further preventative steps.
- Reviewing and enhancing anti-harassment training, guidance, and policies.
- Continuously monitoring its harassment risk assessment.
The EHRC will oversee implementation. The scale of commitments demonstrates how regulators are enforcing the proactive duty introduced by the Worker Protection Act.
Legal Context: Equality Act, Worker Protection Act, and Beyond
Equality Act 2010
Employers are vicariously liable for harassment unless they can show they took “all reasonable steps” to prevent it. This includes policies, training, and effective reporting procedures.
In practice, tribunals look for evidence that an employer:
- Has clear anti-harassment and equality policies in place.
- Provides regular, meaningful training for staff and managers (not just a one-off or tick-box exercise).
- Maintains effective and trusted reporting channels for complaints.
- Acts promptly and consistently when concerns are raised.
If these measures are missing, outdated, or applied only on paper, the defence usually fails, as Lidl discovered in the Hunter v Lidl GB case.
Worker Protection Act (October 2024)
The law shifted further. Employers now carry a proactive duty to prevent harassment, regardless of whether an incident occurs. In practice, this means organisations must:
- Carry out risk assessments for sexual harassment.
- Actively review workplace culture and reporting processes.
- Demonstrate that preventative steps are embedded, not reactive.
As VinciWorks has previously outlined in its analysis of the Worker Protection Act, this duty moves the onus firmly onto employers to prove compliance.
The forthcoming Employment Rights Bill (expected autumn 2025)
This bill, currently before Parliament, will extend the preventative duty further. It will require employers to demonstrate they have taken all reasonable steps proactively, raising the threshold for compliance beyond the Worker Protection Act. For compliance professionals, this means preparing now for a more rigorous enforcement landscape.
Key harassment compliance issues for employers
Policies without practice don’t count
Lidl’s case shows that policies buried in handbooks carry little weight. Employers must prove that managers and staff are aware of, trained on, and applying them.
Failure to assess risk = liability
The absence of risk assessments was pivotal. Regulators expect employers to proactively identify harassment risks—by location, workforce demographics, or workplace culture—and mitigate them.
Complaint-led systems are not enough
Waiting for employees to complain before acting is no longer defensible. Employers need mechanisms to spot problems early such as surveys, monitoring informal reports, and DE&I engagement.
Culture matters
Leadership attitudes and workplace culture are now squarely within regulatory focus. In Lidl’s case, managers downplayed or ignored issues, undermining the protections on paper.
Reputational and financial risk is real
Beyond legal liability, these cases damage employer brand, recruitment, and retention. For customer-facing businesses, the headlines themselves are costly.
Practical lessons for compliance professionals
Review policies and training
Ensure harassment and equality policies are up to date, accessible, and backed by regular, scenario-based training—particularly for line managers.
Conduct regular risk assessments
Identify risk hotspots (e.g. isolated locations, young or temporary staff, late-night work) and address them with targeted safeguards.
Strengthen reporting mechanisms
Provide safe, confidential channels for staff to raise concerns. Monitor both formal and informal complaints to detect emerging risks.
Evidence your efforts
Keep records of training, communications, surveys, and investigations. These may prove decisive if you need to demonstrate “all reasonable steps” were taken.
Engage leadership
Senior leaders should model respectful behaviour and visibly support anti-harassment initiatives. Culture is set from the top.
Upgrade your harassment training with VinciWorks groundbreaking Conversational Learning.
