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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’.

Call 0800 066 99 07 and get our personal injury team working for you straight away. The call is free, the advice is free and nothing will ever be deducted from your compensation.

Verbal abuse and threats are the most common types of incident and can come from the public or coworkers (see workplace bullying - below). Physical attacks are comparatively rare but HSE estimate the number of incidents of violence experienced by workers in England and Wales was 849,000 in 2002/03.

Employees whose job requires them to deal with the public can be at most risk from violence. Most at risk are those who are engaged in:

• giving a service
• caring
• education
• cash transactions
• delivery/collection
• controlling
• representing authority

Workers in the protective services, for example police officers, were most at risk of violence at work. 14 per cent of workers in protective services experienced violence in 2002/3. Health and social welfare associate professionals, including nurses, medical and dental practitioners were also at relatively high risk: 5 per cent experienced violence. Shop workers and teachers also suffer from high levels of violence in the workplace.

Violence in the workplace is a criminal act. If you are a victim, consult our criminal injury compensation section.

Governing legislation

HSE outlines five pieces of legislation which govern the way violence at work is handled by your employer:

• The Health and Safety at Work etc Act 1974 (HSW Act). Employers have a legal duty under this Act to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees.
• The Management of Health and Safety at Work Regulations 1999. Employers must assess the risks to employees and make arrangements for their health and safety by effective:
• planning;
• organisation;
• control;
• monitoring and review.
• The risks covered should, where appropriate, include the need to protect employees from exposure to reasonably foreseeable violence.
• The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). Employers must notify their enforcing authority in the event of an accident at work to any employee resulting in death, major injury or incapacity for normal work for three or more consecutive days. This includes any act of non-consensual physical violence done to a person at work.
• Safety Representatives and Safety Committees Regulations 1977 (a) and
• The Health and Safety (Consultation with Employees) Regulations 1996 (b). Employers must inform, and consult with, employees in good time on matters relating to their health and safety. Employee representatives, either appointed by recognised trade unions under (a) or elected under (b) may make representations to their employer on matters affecting the health and safety of those they represent.

Responsibility of employers

Employers have a responsibility to monitor violence in the workplace and take all necessary measures to reduce the threat to their staff.

Identifying the risk is a four stage process. Employers must:

• ask employees about potentially violent situations
• keep records of violent incidents which take place
• classify incidents according to severity
• fatal injury;
• major injury;
• injury or emotional shock requiring first aid, out-patient treatment, counseling, absence from work (record number of days)
• feeling of being at risk or distressed.
• try to predict potential incidents

Measures to reduce risk

Once the risk has been identified measures can be undertaken to reduce the risk. Measures might include:

• identifying those most at risk and affording them protection. Identify people who might be prone to violence and treat them appropriately;
• providing appropriate training for staff - could include anger management training; also what to do and how to initiate backup procedures if an incident takes place;
• designing the risk out of the work environment - better lighting, a more pleasing environment, CCTV, wider counters;
• designing risk out of the job - reduce cash handling, close employee areas off using intercom systems, invoke worker passes, protect lone workers.

Employers should apply and regularly monitor the measures taken.

If an incident occurs it may be appropriate for your employer to:

• debrief the employee and co-workers - to see if similar situations can be avoided in future
• provide adequate time for recovery - some may need specialist counseling
• provide legal support
• provide guidance and support for other employees

Violence in the workplace is a criminal act. If you are a victim, consult our criminal injury compensation section. However you may also have a case against your employer if necessary preventative measures have not been taken or were inadequate. Always take legal medical and legal advice if you suffer violence at work. injurywatch.co.uk's free legal helpdesk is always a good place to start.

Bullying in the workplace

Hazards magazine issue 70 reported the results of a TUC survey of 5,300 public, private and voluntary sector employees that suggested workplace bullying contributes to the loss of 18 million working days ever year. And victims of workplace bullying take an average seven extra days off each year than those not bullied. The report also found that in most case, 75 per cent, a manager was identified as the bully.

Bullying is recognised as a major cause of stress in the workplace and by law, stress must be dealt with in the same way as any other health and safety hazard.

Employers who fail to tackle bullying can pay a high price:

• in lost time – because staff are affected by stress and ill-health
• lost incentive – because morale is low
• reduced work output and quality of service
• and lost resources – because people who are trained, and experienced, leave the organisation
• and if it goes to Employment Tribunal or to court they also face financial penalties and loss of reputation

Most importantly, employers who fail to tackle bullying are breaking the law. That’s why it is in everyone’s interest to take workplace bullying seriously.

The legal position

Employers have a duty under the Health and Safety at Work Act 1974 to ensure the health, safety and welfare of their employees. They may also be vicariously responsible for the behaviour of other employees. If they do not act against bullying they are very likely to be breaching an individual’s contract of employment and you may be eligible to claim against them. Bullying may also be a breach of sexual harassment and racial discrimination legislation as well as the Criminal Justice and Public Order Act 1994. Employers and/or the bully may find themselves facing fines, liability to pay compensation and may be committing a criminal act.

Always take legal advice if you suffer bullying at work. injurywatch.co.uk's free legal helpdesk is always a good place to start.

Areas where an employer may be negligent include:

• failing to recognise and prevent risky situations
• failure to warn employees of potential risks
• inadequate protection or security of working areas
• fostering inappropriate or dangerous work practices (say in cash handling)
• failure to provide adequate control staff
• failure to provide appropriate control/personal protection equipment
• failure to provide appropriate training
• inadequate guard rails, handrails and barriers

As always, gather the evidence:

• see a doctor -the effect of your injuries might be obvious in most cases, but injuries don't always show up straight away
• keep a dossier. Include a diary recording all the details of the incident, who you saw and all the expenses or losses you incurred, including receipts
• record the details of the incident - take photographs of any circumstances which you believe might have contributed to your injury (for example, lack of protective guards for cash-handling area etc) signed and dated on the back
• gather personal details of all the people who witnessed the incident
• gather information (backed up by witness statements from others) as to how long the hazard had remained unrectified.
• note and detail any measures which had been taken to warn of or otherwise diminish the risk (eg CCTV)
• note and detail any measures (such as absence of security) which exacerbated the risk
• Contact injurywatch.co.uk's free legal helpdesk.