Lidl signs EHRC pledge to strengthen sexual harassment protection

Lidl Great Britain has signed a legal agreement with the Equality and Human Rights Commission (EHRC) after an employment tribunal found it failed to take reasonable steps to stop the sexual harassment of a young female employee.

The tribunal ruled that between 2019 and 2021, a Lidl GB employee was harassed by a colleague, and the company had not done enough to prevent it. 

Store managers were unaware of the company’s anti-harassment policy and had conducted no risk assessments. The company also relied on employees to submit complaints before acting, the tribunal found.

Under the Equality Act 2010, employers can be held liable if an employee is harassed by another and the company has not taken all possible preventive steps. The judgment concluded Lidl GB had failed in its duty in this case.

Since the ruling, Lidl GB has delivered additional training to store managers and begun broader bullying and harassment training across its business. It has also worked with the EHRC to complete a sexual harassment risk assessment.

The legal agreement builds on these changes and sets out new commitments under the Worker Protection Act. The Act introduces a proactive duty on employers to prevent sexual harassment, even if no incidents have occurred. The EHRC will monitor Lidl GB’s progress.

Lidl GB has agreed to:

– Run a staff survey on sexual harassment and assess whether further steps are needed
– Develop a system to track informal complaints and identify risks
– Monitor how formal complaints are handled
– Review a sample of complaints from 2023 and 2024 to spot trends
– Consult its diversity, equity and inclusion groups on risks and actions
– Continue reviewing its risk assessment
– Further review its internal policies and training materials

Baroness Kishwer Falkner, chairwoman of the EHRC, 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.”

Falkner added: “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 added: “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.”