It's All About People - 11th September 2025

READ TIME - 4 minute read

It’s been a busy week here at Gateway HR, with a whole day filming new content for the HR Hub and our new series of on demand webinars that will be released in the Autumn and then Spring next year. We will be sharing details of these next week to be able to sign up to be alerted when they are released.

So, on to this week’s topic, which I make no apology for in terms of I have written about this before, but is such an important topic that people are still ignoring.

Despite our best efforts, many organisations are still not taking proactive steps. Three recent high-profile stories make this painfully clear. The first is an employer that have not taken it seriously, the second is a case around over-hearing harassment and the third one is an employer doing the right thing and this has been supported by a tribunal who deemed the person’s dismissal for sexual “banter” was a fair dismissal.

1. Lidl signs an EHRC-backed agreement
Lidl GB has entered into a legally binding Section 23 agreement with the Equality and Human Rights Commission (EHRC) after an employment tribunal found it had failed to take all reasonable steps to prevent sexual harassment between 2019 and 2021.

Key failings included lack of risk assessments, managerial unawareness of its own anti-harassment policy, and reliance on employees to report incidents.

Under the agreement, Lidl has pledged to roll out staff surveys, monitor informal and formal complaints, review past cases for patterns, engage DE&I groups, and refine training and policies—all under EHRC oversight.

2. Overhearing Sexual Banter is harassment

An employment tribunal has ruled that an employee who overheard colleagues making sexual remarks at work was subjected to unlawful harassment, even though the comments were not directed at him.

This is because the definition of harassment includes creating a creating an intimidating, hostile, degrading, humiliating or offensive environment.

3.“Just banter” isn’t a defence in the air

A senior EasyJet cabin manager lost his unfair dismissal appeal after repeatedly making crude, sexually suggestive remarks to female colleagues and passengers.

The tribunal upheld his dismissal for gross misconduct, making it clear that “flirty banter” as he called it, is sexual harassment. Easyjet were also able to show that he had the relevant training but still chose to behave in that way.

Why these cases are significant (and not just for large organisations)

• Lack of action has consequences. The EHRC Agreement shows they’re not just giving advice—they’re enforcing the law.

• Culture trumps intent. Training alone isn’t enough if inappropriate behaviour persists, especially in leadership roles.

• Prevention is proactive. Since 26 October 2024, the Worker Protection Act has imposed a proactive legal duty on employers to take reasonable steps to prevent sexual harassment—even before it happens. Failing to comply can result in employer liability, financial penalties, EHRC enforcement, and reputational damage.

First steps for employers today

Here’s what your organisation can—and should—do right now:

• Conduct a fresh risk assessment: consider where harassment might arise (including from third parties like customers or clients).

• Review and refresh your anti-harassment policy, training, and complaint-handling mechanisms.

• Ensure managers are aware, trained, and accountable, with clear consequences for crossing the line.

• Provide awareness training for all team members.

• Use staff surveys and informal complaint data to spot emerging risks and act fast.

• Make sure team members know how to raise a concern, and consider an anonymous reporting service - we have a partner for this if you need a recommendation (and discount).

Want help with your action plan or policies?
Download our  Sexual Harassment Guide for a practical, step-by-step toolkit. And if you prefer to hear me explain it—watch me break it down in my recent LinkedIn live on this topic.

We also have a whole range of supporting documents in the HR Hub to help you meet your obligations.

Let’s face it: writing about it isn’t enough. It’s time for real change.

Until next week…

Best wishes,
Emma

P.S. Why not try the HR Hub free for a month here and download all the documents you need.

Events to Join in the coming weeks

🎥 Free Webinar- Managing Sickness Absence - — understanding the real costs, reducing absenteeism, and preparing for the 2026 changes.

🎥 Free Webinar- Managing Conflict - — this is with our editing team so will be released very soon. Click on the title to join the waiting list to get access as soon as it is available..

🎥 LinkedIn Live on Sexual Harassment Legislation and How to Be Complaint - Click on re-watch it.

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