Retail stores are very stressful places, to say the least. Mix all that with long lines to wait in, increased prices, and a lack of inventory, and it’s no wonder consumers are looking more and more to shop online for convenience. Yet, at least in my experience, everywhere I go, I find in-store locations always busy areas where, unfortunately, retail workers are subjected to the last vestiges of the crazed shopper’s frustration at the sales counter. Nobody-despite their professional status-sports this kind of abuse. While one would think the legal fallout could be quite stark, laws on this matter are often rather woolly.
We discuss in our most recent Post the current laws provided to retail workers, the colossal need for consistency of laws such as that utilised in Scotland and how business owners and shop owners can react appropriately to how this issue has pervaded the post-pandemic world.
What are the Laws on Retail Worker Abuse?
The legal framework for dealing with abuse and threats in public places falls clearly under the umbrella of “public order offenses.” This grouping streamlines processing and sorting, among others.
There are many classifications of offenses under this umbrella, considering updates in guidance most recently updated in 2020 and 2021. Such offenses, according to their level of severity, include:
- Violent Disorder – This offense requires at least three people and carries the punishment of a maximum five-year imprisonment term. The case is heard in the Crown Court and is grave enough to place a person in fear of his or her safety.
- Affray – This is held to be a serious public disturbance, affray being considered violence that reaches extreme degrees, with terror in bystanders. It is one of the more serious public order offenses.
- Common Assault Of An Emergency Worker – This includes violence against police, ambulance services, fire service staff, and other emergency workers, with the sentences up to two years imprisonment.
- Racially/Religiously Aggravated Assault – This form of assault based on racial or religious bias also carries severe penalties up to two years imprisonment though reflecting on the serious view taken by courts under Section 279 of the Sentencing Act, 2020.
- Common Assault (Battery) – This is the mildest of the violent public disorder offenses. Common assault, also known as battery or assault by beating, carries a penalty of imprisonment for six months and can only be tried in a Magistrates’ Court.
While these categories are clearly marked, the prognosis for retail workers is frightening. Says the British Retail Consortium, no less than 316,000 violent incidents occur annually or about 867 per day. Cautiously, only a few of those actually make it to prosecution.
An important lacuna in the collection of data is noted in the UK, where attacks on shopworkers are not reported separately, which makes it challenging to measure the extent of the abuse shopworkers face at work. In contrast with the rest of the UK, Scotland has enacted legislation that establishes a more detailed reporting practice in cases involving a retail worker, thus illuminating this arena of workplace strife.
How The Law Differs In Scotland
A landmark bill was passed in Scotland’s summer 2021, significantly strengthening legal protections for retail workers. It has come to be known popularly as “The Protection of Workers Act”; it is sponsored by Scottish Labour and is supported unanimously by members of Parliament affiliated with all of the parties represented in Parliament. It stands alone because it classifies assault and abuse of retail workers as separate statutory offenses under Scotland’s law, thereby elevating the seriousness with which the offense is regarded.
The Bill introduces three new offense types aimed directly at protecting the retail workers:
- Common Assault of a Retail Worker
- Serious Assault of a Retail Worker
- Threatening or Abusive Behaviour of a Retail Worker
The Scottish Labour MP for Southern Edinburgh Daniel Johnson had spearheaded the move, while coming up with some really very powerful stories to be debated in the final January 2021. This is an important reason why the Legislation passed easily. The timing of this law is apt and relates to very alarming statistics and to reports of widespread abuse of retail employees, who felt that facing abuse became a natural part of their day job. This legislative step is a sine qua non to recognize the reality each retail employee faces on a regular basis.
Key Statistics Highlighting the Need for Stricter UK Laws
The Urgency for Enhanced Crime Reporting
At Churchill Support Services, we are dedicated to providing detailed and accessible information on crime trends across the UK. Our commitment is reflected in our recent publications, which include analyses on the most dangerous areas in England and Wales, and a detailed overview of crime in Scotland.
Retail Sector Vulnerabilities
Recent data on crime within the retail sector reveals alarming trends. Statistics from Police Scotland for the last year and the first quarter of 2023/24 show a significant number of offences. Notably, there were 5,121 recorded instances of abusive behavior towards retail workers, averaging about 12 incidents per day.
Detailed Breakdown of Offences
These incidents include 2,823 cases of threatening and abusive behavior, and 2,273 instances of common assault against retail workers. Additionally, 25 cases were classified as serious assaults, involving severe physical injuries such as broken bones and lacerations.
Geographic Insights into Retail Worker Abuse
A closer examination reveals that major cities like Edinburgh and Glasgow are hotspots for such crimes, with a combined total of 2,008 offences. This accounts for approximately 39% of all retail-related assaults in Scotland, highlighting an urban concentration of retail worker abuse.
Wider Implications and National Concerns
These figures align with broader national statistics compiled by the British Retail Consortium (BRC), which underscore a nationwide issue of heightened risk to retail workers. The data collectively illustrate a critical need for more robust protections for employees within the UK’s retail environments.
Will The Laws On Retail Worker Abuse Change In The Future?
In the last few years, there have been enormous efforts to alter UK legislation in relation to the abuse and assault of retail workers. Organisations, such as Usdaw and the British Retail Consortium, are once again at the centre of lobbying for legislative change. However, no one really knows what the future holds.
The BRC won a legislative triumph in 2022 when they notified amendments to the Police, Crime, Sentencing and Courts Act. With this amendment, the court could now take into account how severe and the intent of the offense against retail workers. That is one step forward, but not much else has been done since then to amend the laws or alter the reporting of these crimes.
The BRC has actually stated that Scotland has so far been referenced as a best practice of better reporting practices and harsher punishments. This serves to work well but other parts of the UK will need much more to adopt and replicate such policies.
Graham Wynn of the BRC has proposed that specific offenses against retail workers might be easier to establish, thereby making sentences handed out more serious and also a tougher deterrent. It may also provide greater conscious appreciation of the level of problem – again potentially improving the safety of retailers and police resource allocation.
Then, meanwhile, businesses are encouraged to invest in private security until stronger, more comprehensive legal reforms are developed. Latest estimates from the BRC place spending on private security measures at about £722 million, demonstrating the importance of private security in retail environments.
From ZAM FM Ltd, Ensure Your Shop and Staff’s Safety
About ZAM FM Ltd: Dedicated to the protection of retail workers, who indeed form an important component of “key workers,” at least since the pandemic highlighted this fact; we are dedicated to providing high-quality, tailored security solutions that are suited to retailers from single family-owned shops to multinationals.
Our services range from on-site security personnel and store detectives to the latest surveillance technologies. This diversity of services ensures that we can meet every client’s needs while keeping within their budgetary constraints.
Churchill are proud to be, for the third consecutive year, the UK’s leading ACS-approved security firm, evidencing commitment to excellence and the trust earned from the retail community.
Contact us for free consultation and quote if you have specific security requirements that need to be fitted into your needs. We will do everything in our power to keep your premises secure and continue to be so regardless of the changes in the current laws.