The publication of the 2026 British Retail Consortium’s annual crime survey has once again highlighted the risk of violence and aggressive behaviour to retail workers.  

Although the data points to some tentative progress - with violent incidents declining from approximately 2,000 per day in the preceding period to around 1,600 - the problem remains deeply concerning, and the impact on staff wellbeing cannot be underestimated. 

Against this backdrop we consider the duty of care owed by retailers to their employees, and the enhanced obligations being introduced under the Employment Rights Act 2025 to take steps to prevent harassment at work. We also discuss practical measures that can be taken to mitigate the risk, and support that can be offered to those affected by incidents of violence and aggression. 

Duties owed to employees

It is well established that every employer owes employees a duty of care to take reasonable care to safeguard the health, safety and wellbeing of its workforce, encompassing physical and mental health.

In addition to this, from October 2026, employers will be liable for harassment (including sexual harassment) of their employees by customers or clients unless they have taken all reasonable steps to prevent it happening. The requirement to take all reasonable steps is more onerous than the current requirement in respect of preventing sexual harassment (which only requires reasonable steps), and the new requirement also extends to all types of harassment (not just sexual). This places a much higher burden on employers in respect of steps they must take to protect their staff. Failure to comply with this duty could result in claims in an employment tribunal as well as direct enforcement action by the Equality & Human Rights Commission. 

In practice, retailers should have clear and effective policies and procedures in place to address workplace violence. Where employees have regular contact with the public, a foreseeable risk of violent or aggressive incidents will exist, and a comprehensive risk assessment will be necessary. The assessment should be a collaborative exercise, drawing on engagement across the business to identify the risks and determine the measures available to manage them.

Crucially, that assessment is an ongoing and dynamic process, requiring employers to revisit and revise their approach in response to significant changes or any increase in risk to staff, ensuring that the measures in place remain effective.

Managing the risk 

Whilst the core principles of risk assessment remain consistent, retailers must be alert to new and emerging challenges that require a timely and considered response. Any increase in the risk of violence or threatening behaviour - from whatever source - should be reflected in the employer's risk management strategy.

The Health and Safety Executive provides detailed guidance on managing workplace violence, which retail employers will want to familiarise themselves with and incorporate into their policies and procedures. The specific measures adopted will naturally vary according to the nature and level of risk faced by each individual retailer. The following are, however, matters that should be considered as part of any assessment process:

Identifying the nature and frequency of violent incidents

This will involve:

• (i) ensuring that effective reporting and recording procedures are in place;
• (ii) analysing data from near-miss incidents; and
• (iii) consulting with staff.

Together, these steps will assist in identifying trends, recurring issues and particular areas of concern.

Reviewing existing procedures

With a clear understanding of incidents and the level of risk they represent, it will be necessary to review current systems and revise them where appropriate. This may include:

• (i) measures to reduce direct contact between employees and customers where practicable;
• (ii) ensuring that employees are not required to work in isolation and that staffing levels are appropriate to the level of risk;
• (iii) establishing clear emergency procedures for use in the event of an incident, including the designation of a safe area for staff and the installation of alarms; and
• (iv) additional security measures such as CCTV.

Staff training

Training and guidance on the prevention and management of workplace violence is a central element of any effective risk reduction strategy. Training should be tailored to the specific risks faced, with a focus on prevention, and is likely to include, identifying early warning signs of escalating behaviour, de-escalation techniques, and ensuring that all staff have a thorough understanding of emergency procedures.

Monitoring

Given the evolving nature of the risk landscape, regular and systematic review of the measures in place is essential. Ongoing monitoring will ensure that procedures remain effective and proportionate, and that any emerging trends or new risks are identified and addressed promptly.

Record keeping

Employers should ensure they keep up-to-date records of the steps taken to prevent harassment and violence towards staff to demonstrate compliance with legal obligations. 

Supporting employee wellbeing

In addition to informing future procedures through the monitoring process, employers should ensure that appropriate support is provided to any member of staff who has been subjected to violence or aggression at work. This should include ensuring that clear reporting lines are established and that employees are aware of how to access these (and that they can do so without repercussions).

Once an incident is reported, the employer should begin with an immediate assessment of the incident and its impact on the individual concerned, followed by the offer of suitable support and practical information, including signposting to relevant external organisations. Many employers offer counselling services for staff as part of their benefits package, as well as 24/7 welfare support via external providers. 

Looking ahead 

It is widely acknowledged that retailers face inherent limitations in their ability to guarantee the safety of their employees. This reality has fuelled growing calls across the retail sector for the UK Government to intervene and provide greater statutory protection for retail workers. 

Those calls have gained considerable traction, and it now seems likely that we see the creation of a new criminal offence and increased sentences for those convicted of assaulting retail workers. This is contained within the Crime and Policing Bill and if made law, it is hoped will prove to be a deterrent and offer additional protection to staff.

Steps for employers

In the meantime, it is crucial that retail employers are aware of their duties to protect staff and that they take all reasonable steps to do so. What is reasonable will depend on the employer and the context in which it operates, and employers should seek legal advice on their specific circumstances and how they can best comply with their obligations to protect their business but more importantly to ensure the protection of their staff.