Legal Responsibilities of Employers and Employees

Many employees in today’s society have to deal with confrontational situations in the workplace. Employees may become victims of verbal abuse, harassment, threats or even physical violence. As a direct consequence, the employer may well experience the negative effects of such actions, which can directly effect the organisation; absenteeism, stress related illnesses, expense of temporary staff, low moral, reduced productivity output, and the additional workforce costs which may be incurred through litigation and compensation.

As employers it is your responsibility to ensure your staff team members are equipped with the skills needed to enable them to respond to risk situations. For your information we have highlighted below the key points in employment legislation that define the responsibilities of employers and employees.

Management of Health & Safety at Work Regulations 1999

Employers must consider the risks to employees (including the risk of reasonably foreseeable violence); decide how significant these risks are; decide what to do to prevent or control the risks; and develop a clear management plan to achieve this.

Health & Safety at Work Act 1974 - Section 2 (1)

It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare of all his employees.

Section 2 (2) (c)

It is the employers responsibility to ensure that employees receive such information, instruction, training and supervision, as is necessary, to ensure the health, safety and welfare of staff by ensuring staff are competent.

Section 7

It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)

Criminal Law Act 1967 - Section 3

Any person may use reasonable force in self defence.

Whilst the law imposes a duty on a potential victim to retreat and escape it may not always be possible. In this case the use of force and or restriction of liberty in self defence is likely to be considered legitimate.

Terms used in both civil and criminal law

Assault and Battery:

Criminal assault occurs when one person, either by a physical action or possibly a verbal utterance, causes another to believe that they are about to be subjected to any form of physical violence (apprehension).

Battery occurs only if actual violence is inflicted. However under civil law assault and battery include the simple act of touching.