Stress at Work: Rights for retail workers at Christmas

The Christmas rush has begun as people hurry to the shops to pick up the last of their festive food, presents and gift shopping.

But, behind the chaos is an army of retail workers who keep the cog turning. With unsociable hours, busy shop floors and stressed customers, retail workers are arguably the unsung heroes throughout the festive season. Throughout the year they are there to ensure customers have what they need at their fingertips.

But at Christmas time, the pressure ramps up even more as the British population rushes to grab everything they need and more from mince pies and turkeys to toys and festive-themed pyjamas. But, according to figures, last year, retail workers saw a rise in difficult and abusive customers.

According to a survey conducted by The Retail Trust, shop workers are routinely being shouted at, spat on, threatened, or hit by customers. And new research indicates that two in five retail workers face abuse from customers on a weekly basis – which has led 42% to consider quitting their jobs or leaving retail work altogether.

This year, retailers including Tesco and Lidl even started to hand out body cameras to staff members in a bid to combat violence. And Co-op has recorded 300,000 incidents of shoplifting, abuse, violence and anti-social behaviour so far this year of – which marks a 40% increase compared with 2022.

But like all workplaces in the UK, retail workers have protections in place to ensure that employers are keeping them safe at work, but if these are not met, and employees suffer as a result, there can be serious consequences. Employers have a duty of care to protect workers from the risk of stress at work under the Health and Safety at Work Act 1974.

The Management of Health and Safety at Work Regulations 1999 also requires employers to make a ‘suitable and sufficient assessment’ of the risks to the health and safety of their employees at work.

High levels of stress over a period of time runs the risk of damaging mental health to the extent that medical intervention is required. Employers have a legal obligation to take measures to support both the physical and mental wellbeing of staff.

Common stress at work claims can include:

• Workplace bullying – Physical or verbal abuse, being belittled, excluded, malicious pranks, aggressive and passive-aggressive treatment, etc.

• Harassment at work – Threats, physical, verbal and sexual assault, attacks on ‘protected’ characteristics, and some of the behaviours listed under workplace bullying.

• Lack of training – Pressure of doing a job and do it well, having been offered insufficient or zero training.

• Excessive workload – Having far too much work for one person to manage. This can affect both and personal life.

• Denial of rights – Such as toilet, coffee or lunch breaks, permission to attend medical appointments, unreasonably required to stay after hours, etc.

• Unfairly applied policies or procedures – Selective enforcement of rules, unreasonable demands, or being singled out to do something when you are unable to do.

• Having mental health issues ignored – When your employer has full disclosure about a mental health condition, yet they don’t make satisfactory adjustments to accommodate your needs within the workplace.

Compensation is pursued in the county courts against an employer who has failed in their legal duties to keep their employee mentally safe at work despite being aware that risks were present, causing harm to that employee’s health.

How to make a claim for stress at work

You must legally prove that you have not only suffered workplace stress, but that the stress meets the clinical criteria for a recognised psychiatric condition. If so, you would be able to claim compensation known as general damages – compensation for the pain and suffering you have endured as a result of the negligence.

If the symptoms meet the criteria, the court uses guidance called the Judicial Studies Board Guidelines (JCG) as a starting point, which takes into account the following:

• The injured person’s ability to cope with life and work
• The effect on the injured person’s relationships with family, friends, and those with whom he or she comes into contact
• The extent to which treatment would be successful
• Future vulnerability
• Prognosis
• Whether medical help has been sought

CICA Claim

Additionally, if a retail worker has been threatened, assaulted or attacked at work, they may be able to make a Criminal Injury Claim. CICA claims can be made if you have been the victim of a physical assault and usually, the assault must have taken place in the past 2 years.

There is a strict criteria to win compensation from these types of claims but the experienced team at Oakwood Solicitors can help.

Further reading

Stress at work: How to switch off at Christmas – Oakwood Solicitors

Stress at work claims – Oakwood Solicitors

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