Shift manager sexually harassed and underpaid: constructive dismissal at Lidl
A shift manager at Lidl was sexually harassed by a deputy store manager, paid less than male colleagues, and forced to resign. The tribunal awarded £50,884.62.
1 min read · Last updated 18 May 2026
Case details
- #sexual-harassment
- #equal-pay
- #constructive-dismissal
- #unlawful-deduction
- #long-hours
- #failure-to-train
Key facts
- The claimant was employed as a Customer Assistant from 5 February 2019 and promoted to Shift Manager on 1 August 2020.
- She was subjected to unwanted sexual comments and physical touching by Deputy Store Manager Michael Harding throughout 2020/2021.
- The claimant complained verbally and in writing but managers failed to act.
- She discovered she was paid less than male comparators for the same work.
- She resigned on 24 June 2021 after being told she would be 'written up' for lateness, citing harassment and pay issues.
- The tribunal found the respondent failed to take reasonable steps to prevent harassment.
Timeline
-
Employment started
Claimant started as Customer Assistant at Lidl Wallingford store.
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First harassment incident
A colleague made sexual advances; store manager told claimant to take it as a compliment.
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Promotion to Shift Manager
Claimant promoted; paid £10.30/hour while male comparators received £11.70.
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Transfer request refused
Claimant asked to move to a store with a female manager; request not actioned.
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Hand on thigh incident
MH put his hand on claimant's thigh during a meeting.
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Unpaid hours for alarm issue
Claimant stayed 3 hours unpaid after clocking out due to alarm problem.
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Final straw
Manager told claimant she would be 'written up' for lateness; she left in tears.
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Resignation
Claimant handed in resignation letter, effective 7 July 2021.
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Employment ended
Claimant's last day at work.
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Remedy hearing
Tribunal awarded £50,884.62 including injury to feelings, loss of earnings, and other sums.
The legal issue
The tribunal had to decide whether the claimant was subjected to sexual harassment, direct sex discrimination, unequal pay, constructive unfair dismissal, and unlawful deduction of wages, and whether her claims were brought in time.
The outcome
The tribunal upheld claims of harassment related to sex, unequal pay, constructive unfair dismissal, and unlawful deduction of wages. The claim for direct sex discrimination was dismissed as out of time.
Compensation breakdown:
- Basic award: £468.00
- Injury to feelings: £18,000.00
- Loss of earnings: £15,000.00
- Equal pay arrears: £1,200.00
- Unpaid wages: £216.62
- Total: £50,884.62
Lessons & takeaways
- Employers must take prompt action when an employee reports harassment, including investigating and protecting the victim.
- Paying a female employee less than male colleagues for the same work is unlawful, even if the difference is due to a pay grade.
- Constructive dismissal claims can succeed when an employer's conduct makes the working environment intolerable, especially after repeated complaints.
- Employees should bring discrimination claims within three months of the last incident to avoid being out of time.
A pattern of harassment and inequality
The claimant, a shift manager at a Lidl store, faced persistent sexual harassment from her deputy store manager, Michael Harding. He made explicit comments about her sex life, asked inappropriate questions, and physically touched her thigh. When she complained to her store manager, she was told to 'take it as a compliment'. The company's failure to act sent a clear message that such behaviour was tolerated.
Adding to her distress, the claimant discovered she was paid £10.30 per hour while male colleagues in the same role received £11.70. Her requests to transfer to a store with a female manager were ignored. The final straw came when she was threatened with a written warning for lateness, despite having stayed three hours unpaid to fix an alarm issue. She resigned the next day.
What Lidl could have done differently
Lidl had a duty to investigate the harassment complaints promptly and take steps to protect the claimant. Instead, managers dismissed her concerns and allowed the harasser to continue working alongside her. The pay disparity was also a clear breach of equal pay law. A proper grievance procedure and regular pay audits could have prevented this case.
Why this case matters
This case shows that constructive dismissal claims can succeed when an employer's cumulative conduct makes resignation the only option. It also highlights the importance of equal pay and the need for employers to take harassment seriously. The substantial award reflects the impact on the claimant's wellbeing and lost earnings.
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