Employer criminal liability
[ch 12: pages 243-244]Employers can face criminal prosecutions over workplace violence as well as civil claims for compensation.
In July 2012, the Court of Appeal ruled that a social worker, who was stabbed by a psychiatric patient whose child she was responsible for, had the right to sue two health authorities responsible for her attacker’s care. Claire Selwood was stabbed six times by Graham Burton after he confronted her during a professional conference at his child’s school in County Durham. Just two days earlier he had told medical staff at Cherry Knowle Hospital in Sunderland that he would kill her on the spot if he saw her — the last of a number of threats that were not acted upon. Selwood suffered life-threatening injuries and was profoundly traumatised by the ordeal.
The claim was taken against her employer, Durham County Council, the Tees Esk and Wear Valley NHS Trust and Northumberland Tyne and Wear NHS Foundation Trust. The case against the two NHS Trusts was initially dismissed by Newcastle County Court on the grounds that they did not owe Ms Selwood a duty of care, but she was given leave to appeal. The Court of Appeal accepted it was arguable that the two NHS Trusts did owe her a duty of care based on their responsibilities under an agreed protocol. Public services union UNISON supported her case and she later settled a claim for compensation out of court.