Workplace violence: legal questions answered

What’s an employer's responsibility in the UK? 

In health and safety legislation, employers have an obligation to protect the health, safety and wellbeing of their employees when they’re at work.

Employers also have a general legal duty of care to protect staff from violence at work and are subject to legislation covering violence at work. In some cases, there could be a serious breach of an employee’s contract if an employer fails to take reasonable practical measures to protect their staff.

If you’re concerned about the way your employer is handling a situation of violence or threats against staff, or you require support and advice on what to do, please contact us.  

Can I withdraw care if I’m facing violence and aggression in the workplace?

Yes, but you must consider your rationale for taking this action carefully. The following situations may justify a refusal to treat, the withdrawal of care, or finding an alternative.

• Where physical violence has occurred, or there’s fear of it.
• Where there’s discriminatory behaviour, including racism.
• Where there are health and safety hazards, such as a lack of appropriate equipment.
• Where the care required is outside the health care worker's scope of competence or training.
• Where there's a conscientious objection.
• Where the patient/client/service user is known to you in a personal capacity.
• Where you’re asked to do something unlawful or in breach of the Nursing and Midwifery Council (NMC) Code.

What must I do before I refuse care? 

Before refusing care:  

• consult with your manager and make your concerns known verbally and in writing as soon as possible 
• follow the agreed protocols and policy for your place of work and familiarise yourself with your local safeguarding policies where necessary 
• if you’re a nurse, nursing associate or midwife, consider the NMC Code, the NMC Standards for competence for midwives (where applicable) and your duty of care 
• if you’re not a registered practitioner you must consider your individual accountability for your actions. Consider the need for a risk assessment when taking these decisions; you must ensure safe systems of working, as this is critical to patient and staff safety
• keep a copy of all documentation and keep a record of dates of any meetings/discussions 
• make an accurate record of the decision to refuse to treat, to include the reasons for the decision so that you’re able to justify your actions later if care is withdrawn 
• consult with the patient/client/service user and (if appropriate) their family. 

For more information, take a look at our guide on accountability and delegation.

Can I breach confidentiality to protect myself?

While each case is different, the NMC code states that it’s acceptable to breach confidentiality if doing so can be justified as being in the public interest. For example, protecting staff, patients or the public from further assaults, or if it’s needed to investigate or prosecute individuals who have assaulted staff.

If you’re worried about confidentiality or what details can be given, refer to your local policy or seek advice from your manager.  

Find out more. 

Are there deadlines? 

Yes, it’s vital you access legal advice as soon as possible after the incident. You have three years from the date of the injury to begin court proceedings. If you’re making a claim for work-related stress, you have three years from the date that the stress began.  

It can take six months of preparatory work before a solicitor can start court proceedings on your behalf and they need sufficient time to prepare your case before the deadline. 

Am I eligible?

The following rules apply.

• The claim must be more than the small claims limit as set by the courts. Find out more about small claims.
• The prospects of success must be at least 51%. 
• The injury must have occurred within the past three years.
• You must have been in RCN membership at the time of the incident.

Is it true the RCN doesn’t use their own lawyers for personal injury cases?  

This is correct. We don’t use our own lawyers for personal injury cases. However, all members should contact the RCN for advice in the first instance.  

In England and Wales, we recommend Minster Law, a specialist personal injury law firm. Through Minster Law, members who have a successful claim will keep 100% of their compensation which is unlikely to be the position if a member chose an alternative firm.

For members in Northern Ireland and Scotland the RCN recommends local firms and your case will be handled by your local RCN office.

Please be aware that if you instruct a private solicitor, the RCN will not take over that case at a later date. Also, the RCN will not reimburse the cost of using external solicitors.

What will I need to do to ensure the best chances of success?

For us to provide you with the best support, you’ll need to:

• attend any medical examinations both for your side and the other side
• attend any meetings with your legal representatives
• attend any court hearings and give evidence, although most cases are settled before a trial begins
• allow access to your medical records and personnel file
• share all relevant information
• be open, honest and not mislead anyone
• provide relevant documents
• keep a diary of related expenses, pain and suffering, and any additional problems
• recognise your duty to mitigate (reduce) your loss, by obtaining alternative work if you can and/or retraining.