Workplace Assault – What Are Your Rights?

Workplace assault refers to any act of physical violence, threats, or verbal abuse that occurs in a professional setting. This can involve colleagues, customers, or even employers. Under UK law, all employees have the right to work in a safe environment, free from violence and harassment.

Assault in the workplace is a serious issue, with the Health and Safety Executive (HSE) reporting that there were 642,000 such incidents in 2023/24, with 34% of these causing injury. One area where assaults on staff seem to be increasing is in the NHS – the BBC reported last year that one hospital in Kent had seen a 50% spike in such incidents in the previous 12 months.

Employees are protected by several key pieces of legislation, including the Health and Safety at Work Act 1974, which requires employers to take reasonable steps to protect workers from harm. If an employer fails to provide adequate protection, they may be held liable for workplace assaults. Additionally, the Protection from Harassment Act 1997 makes it illegal for anyone to engage in repeated threatening behaviour, including within a work environment.

What to Do If You Have Been Assaulted at Work

The first thing you need to do is make sure that you seek medical attention if needed—even minor assaults can lead to physical or psychological harm, and it’s important to document any injuries. You should report the incident to your employer at the earliest opportunity. Irrespective of the size of the business, your employer should have a policy of handling workplace violence. Irrespective of what paperwork they have in place, they are legally bound to take your complaint of assault seriously. If it was a serious assault, you need to also contact the police and ensure that the appropriate investigation and legal actions are taken.

All employers have a legal duty to provide a safe working environment. For most, this includes conducting risk assessments, implementing appropriate security measures, and responding swiftly to complaints of violence. In industries where the risk of assault is higher, such as healthcare, retail, and public services, additional protections such as panic alarms and security staff should be in place.

Know Your Rights

Failure to prevent workplace violence could result in an employer being held accountable under current vicarious liability laws. This means they can be held legally responsible for the safety and actions of their employees. Employers may also be in breach of their duty of care if they ignore complaints, fail to act against aggressive colleagues, or place employees in dangerous situations. For example, they can also be liable if they have failed to ensure that your workplace is as secure as possible.

Being assaulted, whether at work or in any other situation, can be tremendously difficult to cope with. It is important, however, that you gather as much evidence as possible at the time of the assault and ensure that it is recorded with your employer. It is also critical that you get reliable legal advice if you have been harmed either psychologically or physically.

How Personal Injury Solicitors can Help

If you need assistance after being assaulted at work, our personal injury solicitors can help you build your case and claim compensation. At SilverOak Solicitors, our team of experienced personal injury solicitors will evaluate your claim and offer insight into the most effective course of action. Contact us to speak with one of our personal injury experts about your case today.