As the UK prepares for significant changes to sexual harassment legislation, now is the time for employers to take stock of their current legal responsibilities and ensure they are meeting the required standards.
Preventing sexual harassment is not simply about having policies in place. It requires a proactive, well-embedded workplace culture, supported by clear procedures, effective training, and a commitment to taking all concerns seriously.
A recent case highlights just how critical this is.
Case summary: Hunter v Lidl Great Britain Limited
Miss M. Hunter was employed by Lidl between February 2019 and July 2021, progressing from Customer Assistant to Shift Manager during her time with the company.
Throughout her employment, she was subjected to ongoing sexual harassment by a Deputy Store Manager and other male colleagues. This included inappropriate sexual comments, remarks about her appearance, and the use of a so-called ‘ranking system’ where female employees were graded on their attractiveness.
She also experienced repeated unwanted physical contact, including being touched on her waist, thighs, and bottom. Despite clearly asking for the behaviour to stop and raising multiple complaints, both verbally and in writing, her concerns were dismissed. On one occasion, she was even told to “take it as a compliment”.
Alongside this, Miss Hunter identified a pay disparity of nearly £3,000 compared to male colleagues in the same role over a six-month period. This issue was not resolved.
The situation reached breaking point in June 2021 when she was disciplined for lateness despite her ongoing complaints. Feeling she had no alternative, she resigned and brought a claim for constructive unfair dismissal.
Employment Tribunal findings
The Employment Tribunal found in favour of Miss Hunter, concluding that the employer had effectively “closed its eyes and ears” to a culture of harassment within the workplace.
Key findings included:
A culture of harassment
The tribunal identified a working environment where inappropriate behaviour, including unwanted touching and the ranking of female staff, was allowed to continue unchecked.
Impact over intent
The tribunal made clear that sexual harassment is judged on its impact on the individual, not the intention behind the behaviour. Claims cannot be defended on the basis that comments were “banter” or not meant to cause offence.
Failure to take reasonable steps
The employer’s defence failed due to inadequate risk assessments, poor implementation of anti-harassment policies, and insufficient training for both staff and managers.
Constructive dismissal
The cumulative effect of ignored complaints, excessive working hours, and unresolved pay issues amounted to a fundamental breach of contract, justifying resignation.
Equal pay discrimination
The tribunal rejected the argument that the pay gap was an administrative error, finding it to be unlawful sex-based pay discrimination.
Miss Hunter was awarded £50,884 in compensation.
Legal fallout and regulatory intervention
Following the case, the Equality and Human Rights Commission (EHRC) intervened, leading to a legally binding agreement requiring Lidl to take significant corrective action.
These measures included:
- Implementing systems to monitor both formal and informal complaints
- Conducting regular staff surveys to assess workplace culture
- Reviewing and updating harassment policies and training
- Integrating Equality, Diversity and Inclusion considerations into risk assessments
Key lessons for employers
This case reinforces that having policies alone is not enough. Employers must actively enforce them and ensure they are effective in practice.
Impact is what matters
Employers must recognise that behaviour is assessed based on how it affects the individual, not how it was intended.
Take all complaints seriously
Informal or verbal complaints must be treated with the same importance as formal grievances. Managers should be trained to identify and act on concerns early.
Understand the ‘final straw’ principle
Failing to address ongoing issues can turn even a minor incident into grounds for a constructive dismissal claim.
Training must be meaningful
Policies are only effective if supported by regular, practical training and a workplace culture that does not tolerate inappropriate behaviour.
Looking ahead: changes under the Employment Rights Act 2025
The Employment Rights Act 2025 introduces important changes that will significantly increase employer accountability.
A strengthened preventative duty (from October 2026)
Employers will be required to take all reasonable steps to prevent sexual harassment, raising the bar from the current requirement of taking “reasonable steps”.
Liability for third-party harassment (from October 2026)
Employers may be held liable for harassment carried out by third parties such as customers, clients, or contractors. This extends across all protected characteristics under the Equality Act 2010.
Expanded whistleblowing protections (from April 2026)
Sexual harassment will be explicitly covered under whistleblowing legislation, ensuring those who report it are protected.
Final thoughts
The Hunter v Lidl case is a clear reminder that employers must go beyond written policies and take active steps to prevent sexual harassment in the workplace.
With stricter legal duties on the horizon, organisations should act now to review their policies, strengthen their training, and ensure their workplace culture supports dignity and respect for all employees.
