UK 
United States
We’re all familiar with the phrase “three strikes and you’re out”. Most know its sporting origins in baseball. Some may associate it with Bill Clinton’s 1994 legislation mandating life imprisonment for those committing three serious, violent, offences. It’s colloquially used in employment – often around lateness and attendance.
With the Worker Protection Act now 12 months’ old, we need to be clear about one thing. You don’t clock up three strikes with sexual harassment. One is all it takes. However, harassment often generates (at least) three unpleasant business outcomes.
Hunter v Lidl Great Britain Ltd
Take the case of Hunter v Lidl GB. Lidl was found vicariously liable for Ms Hunter’s sexual harassment by colleagues. Their gold standard policies and procedures simply weren’t followed.
Ms Hunter worked part-time during full-time education. It was her first experience of work. Within a short time, she was full-time and a shift manager.
Whilst still a young part-timer, she complained about sexual harassment. Her store manager told her to ‘take it as a compliment’. She later complained to another store manager about inappropriate comments and touching. He laughed and said he wasn’t surprised.
