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Practices must protect staff, say lawyers

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Employment law specialists have spelt out UK practices' responsibilities for employee welfare after an optical practice in Australia was ordered to pay a former employee £250,000 in damages following an assault.

Employment law specialists have spelt out UK practices' responsibilities for employee welfare after an optical practice in Australia was ordered to pay a former employee £250,000 in damages following an assault.

The Supreme Court of Queensland found the Global Eyes practice failed to supply adequate security in 2005 when the sexual assault took place.

The case centres around a female employee in her 40s, working alone in the practice, who was followed into a back room by a 70-year old customer. The customer was charged with sexual assault but died before the trial.

The employee said the assault had left her unable to work in optometric practices.

The judge suggested simple measures could have been taken to protect the employee and prevent the incident.

The Australian retail body said the award was one of the highest ever made and could make it necessary for employers to create 'safe rooms' for staff.

Bar Huberman, an employment law editor, said clear laws spell out the employer's responsibility in the UK.

'Under the Health and Safety at Work Act 1974, employers in Great Britain have a duty to ensure the health, safety and welfare of their employees.

'Breach of this duty could give rise to criminal liability. Regulations require employers to carry out an assessment of the risks to their employees from work activities.

'This might include considering the potential for physical abuse or a criminal attack and how a lone worker will obtain help in an emergency situation.

'Employers should consider, where practicable, avoiding the need for employees to work alone and, if lone working is necessary, taking all reasonable steps to ensure the health and safety of their employees.'




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