Protection for workers serving the public

The Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021 applies to retail workers while they are doing their jobs, including in shops, bars and restaurants. It introduced a specific, new criminal offence to assault, threaten or abuse, or obstruct or hinder these workers. If the offence was committed because the worker was applying an age-restriction — asking for proof of age from someone trying to buy alcohol for example, this would count as an “aggravation” and could potentially make the offence more serious.

Section 156 of the Police, Crime, Sentencing and Courts Act 2022 came into effect on 28 June 2022, placing in statute an aggravating factor to be applied by the courts in cases of assault on those providing a public service, performing a public duty or providing services, goods or facilities to the public.

Usdaw welcomed the move as a step in the right direction but said “it is not as positive a move as the Scottish legislation”.

More work will still need to be done to improve reporting of incidents to the police and to ensure that cases are actually pursued through the criminal justice system, it added. “A statutory aggravating factor is only meaningful if cases reach the court for sentencing.”