‘Tis the season for aggression and harassment: pressures mount for protection of retail workers this festive period

As we fast approach the busiest time of year for retail workers, we take a closer look in this article at how employers can take action to prevent intolerable situations for their workers as retail footfall increases over Christmas.

The charity Retail Trust has launched its #RespectRetail campaign which offers free skills training for retail workers on managing challenging situations. The charity recently reported that a significant number of workers fear for their safety with many of them wanting to leave their jobs or the industry altogether due to the rise in violent and abusive incidents. Notably, a large number of workers said they don’t get enough support from their employer to deal with the current levels of violence, threats and abuse. Earlier this month, Usdaw (Union of Shop, Distributive and Allied Workers) also launched its #RespectforShopworkers campaign which aims to highlight and prevent violence, threats and abuse targeting retail workers.

The data on this issue is staggering and is a sobering reminder for all employers that much more needs to be done to improve the situation. Proactive support for retail workers is essential to keep safety at the forefront and the way employers respond to it can make all the difference.

Enforcement

Earlier this year, the Government reaffirmed its commitment to make assaulting a retail worker a standalone criminal offence. However, in anticipation of incidents soaring during the lead up to Christmas, retailers are calling on the government to introduce the legislation as soon as possible.

The Equality and Human Rights Commission (EHRC) have the power to take enforcement action against employers and has made very clear that harassment by a third party, such as a customer or supplier, should be treated just as seriously as that by a colleague.

Updated government legislation in October 2024 set out new obligations for employers to take positive steps with a greater emphasis on preventing unwanted sexual attention in the workplace bringing an increased awareness of the harassment of employees firmly to the centre stage. The legislation places increased responsibility on employers to make their workplaces safer for employees and can increase compensation for failing to comply with the preventative duty. The aim is to protect both employees and businesses, in addition to helping organisations avoid potential employment tribunal claims and the reputational damage that can result from such proceedings. Whilst employees can't currently bring a standalone claim in relation to third-party harassment, it's clear from the recently published Employment Rights Bill that the government intends to make employers liable for this type of harassment in the future.

What can retail employers do?

The strategic implications are extensive and retail employers should be carefully examining their existing training procedures, policies, risk assessments and harassment prevention measures to ensure that they are robust enough to sit alongside the increased legal duties.

The EHRC have produced an eight-step guide to preventing sexual harassment in the workplace. It includes developing an effective anti-harassment policy, engaging with staff, assessing and taking steps to reduce workplace risk, reporting, training, handling harassment complaints, dealing with third-party harassment and monitoring and evaluating actions.

Audit schedules and regular risk assessments to evaluate the risk to workers being exposed to harassment are a key part of the new legislation adjustment that came into force on 26th October 2024. For a more detailed overview of the steps employers should take to ensure compliance with the new preventative duty, please see our article.

A holistic, integrated approach

The message to employers has never been clearer – they must act.

As retail employers gear up for another busy festive period, they'll be considering steps which can be taken to minimise risk to workers for example, increased security, panic alarms, use of CCTV, extra signage, clear policies and procedures, background checks etc. Whilst much of the focus is rightly on the practical steps retailers can and should be taking now, understanding what contributes to the workplace environment and culture is just as, if not more important to maintaining and empowering harassment-free workplaces. Unfortunately, many employers don’t focus on these issues until an incident has already occurred and even then, attempts to address the risk have been limited by their own understanding of the complexities of the challenge leading to tick box, reactive steps rather than a strategic approach to prevention

A holistic approach to workplace harassment addresses the complex nature of the issue and goes beyond a narrow focus on specific types of harassment. This can include:

• Targeted responses to harassment complaints including transparency and accountability.
• Building an inclusive culture and regularly reflecting on what constitutes a supportive working environment.
• Minimizing the impact of bias through leadership and management skills that build and sustain positive culture change.
• Staying in touch with the evolving nuances of harassment.

An organisations culture underpins its harassment minimisation efforts and having risk intelligence is a powerful tool to combat the challenges faced, particularly in the high-speed, demanding nature of the retail industry.

Retailers Against Harassment Certification

The Retailers Against Harassment Certification is an initiative to support retailers in their efforts to combat the rise in harassment in the retail workplace and foster safer working environments for employees.

The Certification combines the experience, advisory skills, and industry know-how of Foot Anstey and the Retail Trust. The complementary approach will help your organisation:

• Benefit from the input of leaders in their field on what good looks like and develop ideas that align with your organisation’s values and culture.
• Boost attraction and retention at a time when attracting and retaining good employees is challenging. People will join safe workplaces and leave those which have a poor reputation.
• Prevent issues before they occur.
• Protect your reputation. Taking steps after a scandal or a court case is too late, the reputational damage has already happened.
• Achieve a recognised certification, which can be used as powerful evidence of the commitment and approach of the organisation.

For more information on the prevention of harassment, the Employment Rights Bill or our Retailers Against Harassment Certification, please contact Nathan Peacey.