Free Employment Advice - Post-traumatic Stress Disorder: Victim of Armed Robbery

Ms Collins was employed as an off-licence manager. In June 1998 she was working alone in the shop when two men wearing balaclava helmets burst in. One of them threw her against a set of shelves, held a knife to her throat and told her to open the floor safe. The premises had a history of serious incidents including armed robberies and assaults. One such incident had involved another female employee who was assaulted when alone in the shop in May 1998. Ms Collins had repeatedly complained to her area manager about the risk of violence. She had requested security screens and/or double manning, which had been denied on the basis of cost and lack of risk.

Ms Collins was unable to return to work because of fear of a similar incident. She had undergone post-traumatic stress disorder counselling for eight months, had suffered depression, and had symptoms of compulsive depressive disorder. She claimed compensation from her employers for psychological damage.

Decision:

1. The claim succeeded.

2. The shop was a place where physical violence against employees was, or should have been, anticipated by the employers.

3. Some form of attack was foreseeable in the state of the premises and manning levels.

4. The employers’ insistence that Ms Collins should work alone was a breach of their duty to take reasonable care for her safety.

5. The employment of two members of staff in premises where physical attack might be anticipated was an obvious and practical step which would have materially reduced the risk of such an attack. The use of double manning was consistent with police advice.

6. Although double manning would have been unlikely to stop a carefully planned robbery, it would have substantially reduced the prospect of the robbery in June 1998, where the main element was carried out by one knife-wielding person.

7. £179,000 compensation would be awarded.

Comment:

This is another example of the application of the key concept of foreseeability in cases involving physical and/or psychological injury caused by workplace conditions.