HR Update - Harassment at Work: Lessons from Hunter v Lidl GB Ltd and the New Proactive Duty

New laws on Sexual Harassment came into force last October, and the Government has threatened to tighten these even further, with the intent of making such behaviour a thing of the past. So, it is a cautionary tale to see that the Courts are coming down hard even on situations that occurred long before these came into force.

The recent Employment Tribunal decision in Hunter v Lidl Great Britain Ltd (August 2025) serves as a critical wake-up call for employers. Despite having anti-harassment policies on paper, Lidl failed to prevent or address ongoing sexual harassment of a young employee. This case shows how inadequate implementation of workplace policies, coupled with poor Managerial training, can lead to serious legal and reputational consequences.

Under Section 26 of the Equality Act 2010 (EqA), harassment occurs when someone engages in unwanted conduct related to a protected characteristic, or of a sexual nature, and this conduct violates a person’s dignity or creates a degrading, humiliating, or offensive environment. In Hunter, the Tribunal was unambiguous: the conduct amounted to harassment, regardless of whether the harasser intended to offend or not.

A Culture of Inaction

The facts reveal systemic failure: the Claimant, who began working at Lidl as a teenager, faced repeated sexualised comments and unwanted physical contact. Although a complaint was raised early on, the Store Manager dismissed it as a “compliment”. The pattern of harassment worsened, while the Company's procedures and culture allowed it to go unchallenged.

Lidl's anti-harassment policy existed, but neither staff nor Managers were made aware of it. There was no training, no clear routes for escalating complaints, and no accountability for creating a safe working environment. Critically, the Tribunal found that the expectation placed on Store Managers to “look up” Company policies themselves was unworkable.

The award: £50,884.62, including £22,000 for injury to feelings - at the upper end of the Vento middle band - reflects the seriousness and duration of the harm experienced.

The Legal Shift: Proactive Duty from October 2024

Since this case was decided, the Worker Protection (Amendment of Equality Act 2010) Act 2023 has introduced a proactive duty on employers to take reasonable steps to prevent sexual harassment at work. Under this duty:

• Employers can face enforcement from the Equality and Human Rights Commission (EHRC) even if no harassment occurs.

• If a Tribunal finds a claim of sexual harassment proven, and the employer failed in this duty, an uplift of up to 25% can be added to the compensation award.

In response to this case and the new legal obligations, Lidl entered into a legally binding section 23 Agreement with the EHRC in August 2025. The Agreement requires Lidl to undertake substantial reforms, including:

• Running staff surveys on sexual harassment.

• Monitoring informal complaints and trends.

• Reviewing past complaints and their handling.

• Engaging with Diversity, Equity and Inclusion groups.

• Continual review of harassment policies and training.

Why this matters to your Organisation

This case underscores the risks of treating anti-harassment policies as mere formalities. The presence of a policy is not enough, it must be lived, understood, and applied. Moreover, the 2024 legal change places a new duty on employers to prevent harm before it occurs, which includes a proper risk assessment, identification of current control measures, and what additional control measures need to happen to reduce potential risk further.

Key Actions for Employers

To align with both legal expectations and best practice, organisations should:

• Train all Managers and Supervisors on anti-harassment policies, including recognising inappropriate behaviour and handling complaints sensitively and effectively.

• Clearly assign responsibility for maintaining a safe and respectful workplace culture to all levels of Management, and then onto the workforce.

• Simplify and publicise internal reporting processes for harassment, ensuring they are accessible to new or inexperienced staff.

• Conduct and review sexual harassment risk assessments, and act on the findings.

• Implement regular monitoring and trend analysis of both formal and informal complaints to detect systemic issues early.

• Prepare for EHRC scrutiny by ensuring policies are compliant with the proactive duty - and that actions, not just intentions, can be evidenced.

This year, for clients we have been offering a free half-day Management awareness briefing on the Prevention of Sexual Harassment, and we have also rolled out a range of supporting resource tools.  This offer will only last until the end of this year, so clients that have not already responded, and many have, please contact Jackie Bolton (jackie@backuphr.com)  to book a date this Autumn/Winter, before the offer expires. 

However, if you are not a client but would be interested in us running such a briefing for your organisation’s Management, please contact Jackie who would be pleased to discuss costs etc.

The guidance provided in this article is just that - guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice