Putting an end to violence against retail staff

The problem

My staff have experienced verbal abuse and threats of violence from customers in-store when trying to enforce vital Covid-19 safety measures. What should I be doing to make sure I’m protecting my staff against this behaviour, and what are my obligations as an employer?

The law

Your obligations with regard to the health, safety and welfare of your staff and customers are contained in the Health and Safety at Work Act 1974.

Retailers are responsible for ensuring the safety of others, whether colleagues or customers. Key to doing this is having considered and assessed the risk of violence in the workplace and putting in place a policy and training that aims to minimise that risk.

Expert advice

Although Covid-19 has intensified the issue, tackling violence against retail staff has been a focus for both retailers and the government in recent years. Industry initiatives such as the Safer Colleagues, Safer Communities campaign led by Usdaw and the Co-op have set the scene for government action – leading to the introduction of the Assaults on Retail Workers (Offences) Bill 2019-21 in March 2020 and the Home Affairs Select Committee inquiry examining whether a new offence related to aggravated assaults for retail workers is required.

Striking the balance between helping to enforce necessary government guidelines and protecting your employees is not easy. Over the past year, customers have become agitated by restrictions, queues and limits on stock, resulting in some directing their frustrations at public-facing employees.

Taking action to prevent incidents of violence will not only protect retailers’ employees but will also reduce the risk of claims being made by those employees. It should also assist in preventing valid claims from customers who feel the way they were dealt with in-store was unfair, humiliating or even discriminatory – claims that clearly have significant reputational as well as financial ramifications.

These five tips can help you protect retail employees and increase defensibility.

1. Act before violence occurs – risk assessments should be in place to determine whether violence is a problem for your employees and business, and how matters can be improved. Individual store risk assessments should be considered, as these will take into account local factors and those specific to a particular store, such as crime rating in the area and number of previous incidents of violence. Be sure to consult your employees, as they will often have better insight as to what the potential problems are and may even have ideas about how to solve them.
2. Install physical controls – this includes deterrents such as CCTV in high-risk areas or screening by sales points, as well as items such as panic buttons and security communication systems.
3. Put up warning signs – where procedures seek to adhere with Covid-19 guidance, make customers aware of what measures are in place in-store and that violence will not be tolerated.
4. Provide training – customer services training in dealing with difficult and challenging behaviour is a must, together with instruction on escalation processes.
5. Refresh training regularly – annual refreshers may be appropriate in most circumstances. However, with prevalent issues such as the enforcement of face coverings, consideration should be given to more frequent reminders – for example, during weekly store briefings or team meetings.

Behind each incident of violence is a person who was simply doing their job. It is clear that retailers have a responsibility and a clear motive to proactively limit the risk of violence in the workplace by being prepared and, if things do go wrong, to be supportive of employees.

Contact

Information was provided by Hayley Riach, partner and quality and risk lead for corporate and sector risks, Keoghs.

Keoghs is a leading provider of retail claims-related services to insurers, businesses and other suppliers to the insurance sector.

Disclaimer: this article is not meant as legal advice. You must seek advice from your legal advisors to ensure complete compliance with any legislation cited.