After an employment tribunal found that Lidl Great Britain Limited (Lidl GB) had failed to take all reasonable steps to prevent the sexual harassment of an employee, the retailer has now entered into a legally binding agreement with the Equality and Human Rights Commission (EHRC) to strengthen its workplace harassment prevention measures.
Under the Equality Act 2010, employers are legally responsible if an employee experiences sexual harassment at work and the employer has not taken all reasonable steps to prevent it. Since October 2024, this responsibility has expanded: employers now have a proactive duty to take reasonable steps to prevent sexual harassment before it occurs.
The agreement, known as a “section 23 agreement” and enforceable by the EHRC through the courts, outlines Lidl’s commitments, including:
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Conducting a staff survey on sexual harassment to identify whether further preventative measures are needed.
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Developing a system to monitor and analyse informal complaints to detect ongoing risks and assess the need for additional preventative actions.
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Monitoring the effectiveness of complaint handling for new formal sexual harassment complaints.
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Reviewing a sample of sexual harassment complaints from 2023 and 2024 to identify trends and risks.
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Consulting with existing DE&I groups to discuss sexual harassment risks and potential preventative steps.
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Continuously monitoring and reviewing the company’s sexual harassment risk assessment.
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Further reviewing internal harassment policies and training, including its “relationships at work” guidance.
These detailed requirements underscore the lengths the EHRC will go to enforce the new preventative duty.
Baroness Kishwer Falkner, Chair of the EHRC, stated:
“Every employer has a legal duty to prevent sexual harassment and must be able to demonstrate that they have taken reasonable steps to do so.
We welcome the improvements Lidl GB has already made since the tribunal ruling and their commitment to implement further steps based on our guidance. By signing this legal agreement, Lidl GB has pledged to carry out this work following expert recommendations.
Sexual harassment is never acceptable in the workplace. All employers should understand their obligations under the preventative duty. The EHRC will continue to use its unique powers as Britain’s equality regulator to ensure everyone can work free from fear of harassment.”
Under the current provisions of the Employment Rights Bill, expected to receive Royal Assent in autumn 2025 and implemented over two years, the proactive duty will be extended further, requiring employers to take all reasonable steps to prevent sexual harassment.
To ensure your workplace is legally compliant and protected against sexual harassment claims, it is essential for employers to proactively conduct risk assessments, update training, and maintain clear internal communication to set expectations and promote a safe working environment. For expert guidance on implementing these preventative measures and reducing the risk of costly employment tribunal claims, please contact Supportis at 0161 603 2156 or [email protected].
