The food retailer, Lidl, has signed a so-called ‘section 23 agreement’ with the Equality and Human Rights Commission (EHRC), promising to take steps to prevent sexual harassment in its workplace. So why is Lidl taking such a significant step?
Coming unstuck in the Employment Tribunal
Back in 2023, the Employment Tribunal ordered Lidl to pay just over £50,000 in compensation to a former employee, after the company was found to have failed to take all reasonable steps to prevent harassment in the workplace. In particular, the ET highlighted a lack of relevant training and risk assessments and a failure to comply with its own policies and procedures.
Since then, the Worker Protection (Amendment of Equality Act 2010) Act 2023 has come into force, placing all employers under a positive and potentially onerous duty to take ‘reasonable steps’ to prevent sexual harassment in their workplace. The EHRC has the power to enforce this measure, where appropriate.
With a view to getting ahead of any potential enforcement action, it looks like Lidl has decided it is better to get on the front foot and agree with the EHRC on the steps necessary in order to improve. Under their section 23 agreement, Lidl will now need to complete a variety of additional anti-harassment measures, including staff surveys, ongoing monitoring and a further review of their policies and training.
What to know more?
Other high-profile employers who have entered into similar agreements include the Department for Work and Pensions, Highways England and Sainsbury’s.
If you want to read more about Lidl’s agreement, click here.
James qualified as a solicitor in 2001, having completed his academic studies at the University of Sheffield. Throughout his career, he has worked for a number of prestigious regional law firms, joining stevensdrake as Head of Employment Law in 2012.
As well as pursuing and defending the full range of Employment Tribunal claims, James spends a considerable amount of his time providing advice and support to businesses of various sizes. He advises on a wide variety of HR and employment law issues, including employment contracts, HR processes and procedures, grievances, disciplinary issues, absenteeism, performance management and settlement agreements. He also regularly helps clients with redundancy exercises and internal reorganisations.
James has previously been described as an ‘Associate to Watch’ by Chambers UK, an independent guide to the legal profession. His clients regard him as “thorough”, “easy to work with” and someone who avoids blinding them with legal jargon.
Outside of work, James balances family life with ambitions of swimming, running and cycling a bit faster.
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