Some professions carry a risk that individual employees may be subjected to violence in the workplace. This is particularly true of those working for the police force and those providing security services. However, all employers have a legal duty to their workers to ensure their health and welfare, insofar as they can do this reasonably and practically. The Health and Safety at Work Act places a duty upon employers to protect their workers from violence in the workplace.
This is not always easy. There is always an element of the unknown when working in an industry where a job includes daily face to face contact with the public. However, a vigilant employer must have a policy which covers all aspects of health and safety, and this includes protecting from the risk of abuse and violence.
In a job which has a higher risk of exposure to violence, are the employees trained to manage violence and to prevent escalation of a situation? Do they have appropriate equipment, such as adequate PPE, to prevent injury? Are there cameras and alarms in place in the event of a violent incident? Is there a chain of command to alert colleagues should a violent situation arise?
Employers have a legal duty to keep lone workers safe. This could include those people who arrive at a workplace early or late for a shift before the remainder of the personnel are on site, those locking up a shop at the end of a working day, or security staff patrolling in the evening. Does your workplace have a good communications policy, in the event of an unusual occurrence? Is the lighting outside the place of work adequate? Is there appropriate CCTV which covers any areas in the workplace where you could be considered vulnerable? If reasonably practicable, do your employees have personal alarms or mobile phones that can be used in an emergency situation?
More and more people are being subjected to aggression and abuse in the workplace and each employee has a duty to notify their employer of any incidents, so that these can be properly recorded, reviewed and addressed to see if any policy changes need to be implemented. As an employee, you can request training to deal with confrontational or difficult interactions, including how to de-escalate and calm a situation, and how to employ diversion tactics. All employees should be familiar with their employer’s risk assessment in dealing with aggressive and violent situations.
If you have been subjected to a violent attack at work which causes injury, then you may have a right to seek compensation from your employer. If a claim was brought, then your solicitor should look at the likelihood of an incident occurring, what your employer’s policy was to prevent their workers being exposed to a risk of violence, and whether all appropriate practical measures had been taken to prevent an incident. Was the employer on notice that there had been similar incidents, or the threat of violence? If so, had they failed to act on those reports?
Any claim for compensation due to violence in the workplace would have to be assessed on its own merits. However, if an employer was found to have fallen short of what was legally required of them to protect their employers, then our personal injury department would be happy to provide advice to anyone seeking to bring a claim. Call us on 0161 696 6235 or fill in our online enquiry form and we will be in touch as soon as possible.
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