According to Pellys LLP, local retailers are being hit (metaphorically speaking) from all sides.

The recently published results of the British Retail Consortium’s Retail Crime Survey showed an alarming rise in violence against staff. Verbal abuse of staff rose by 35% and physical violence against staff was up by 14%. All work-related violence, both verbal and physical, has serious consequences for employees and for the business they work for. It can also have serious ramifications in law for the employer. Employers have a fundamental duty to provide a safe place of work for employees. Where violence takes place in the retail world, it is foreseeable that an employee may have a claim against the Employer for breach of contract; under statute law the Employee who suffered such abuse/violence may terminate his/her contract and claim constructive dismissal leaving the Employer to pick up the pieces.

The Health and Safety Executive defines work-related violence as any incident in which a person is abused, threatened or assaulted in circumstances relating to their work. This can include verbal abuse or threats as well as physical attacks. Consequently, examples can range from spitting and swearing at one extreme to armed robbery at the other. Violence against shop workers has shown a rising trend since the mid-90s. In the run up to Christmas, incidences of shop rage are known to increase as Stephen Roche, Chief Executive of Pellys LLP comments:

"Whereas everyday problems like long queues, stock shortages and crowded shops can trigger frustration among customers, Christmas is a time that exacerbates this scenario, frustration becomes belligerence and even usually mild-mannered shoppers may become aggressive."

Employers have a responsibility to assess the work-related risks faced by employees – from having effective arrangements in place for planning, organising, controlling, monitoring and reviewing preventive and protective measures, to providing employees with comprehensible and relevant information on the risks they face and what has been done to remove and control those risks.

Where a health and safety offence is attributable to any neglect by the employer, then that person (the employer) is liable and can be proceeded against and punished under the Health and Safety at Work Act 1974.

To avoid situations from getting out of control, Pellys LLP wants to see Employers being alerted to the potential risk that such situations may give rise to and also recommends that Employees receive proper training to deal with explosive situations and thus avoid such violence.

ENDS