Acumen News & Events

17 May 2010

Are employers liable for damages payable for third party assaults on their staff?

To what extent must employers manage the 'risk' to their employees?

As an employer you are under a duty of care to provide your staff with a safe place of work. Under this duty of care employers must take reasonable steps to ensure staff are safe from harm or the risk of harm from people they come into contact with during the course of their employment.

If a member of your staff is assaulted during the course of your employment then you, as their employer, could be liable for damages if they chose to take the matter to court. It is for the employee to show that you as an employer failed to take reasonable care of their safety, and that this breach of duty led to the attack. If found to be in breach of your duty towards the employee, your Company could be ordered to pay damages for personal injury and losses suffered as a result of the incident in question.

However, the Courts will also take account of the employees conduct in relation to the incident in question. For example, if your Company has relevant Health and Safety procedures in place but the employee wilfully failed to follow them, then damages are likely to be reduced in the Company’s favour.

The best case scenario however is to have relevant risk assessments in place for all potential risk areas identified by your Company, and for companies to actively manage the implementation and enforcement of these policies.

Would you like further information on managing the risk to your employees? Call the Employment Team today on 01244 318 131 to protect your Company.