Abuse is not part of the job

Shopworkers do not have to put up with harassment or abuse from customers. Your employer has a legal and moral obligation to protect you from harassment by customers as far as this is possible. This leaflet gives further details.

Usdaw is committed to ensuring that our members do not have to put up with harassment. The customer is not always right. If you get harassed make sure you let your Union rep know what is going on. Keep notes of what happened and when it happened. But above all don't just take it. Report it!

What to do if a customer harasses you

1. Stay calm or as calm as possible. Remember you are not alone and Usdaw will support you.

2. Do not tackle the situation on your own. Either call for a supervisor/manager to come to you, or go to a supervisor/manager. Ask them to deal with the customer.

3. The supervisor/manager should explain that harassment of staff will not be tolerated in the store and seek an apology on your behalf. The manager/supervisor should warn the customer that any repetition will not be tolerated, and may lead to their banning from the store. In some cases, the manager/supervisor should ask the customer to leave the store straight away and not return.

4. Let your Usdaw rep know what has happened.

5. Always report customers who harass you to management.

6. Always report to management when you see a banned person re-enter the store.

7. Always report to management any harassment outside the store.

At any stage you can be assisted by your Usdaw rep. Always keep your Usdaw rep informed of your manager/supervisors response.

The duty of the company

• Take all reasonable steps to prevent harassment taking place where it is within their power to prevent it.

• Apply good employment practices to prevent the harassment or reduce the extent of it.

• Adopt a policy in which it is clear that harassment of staff by customers will not be tolerated.

• Make clear that policy to customers and to staff.

• Encourage staff to complain and support them when they do.

• Take effective action by warning customers about their conduct and by banning them from the store if necessary.

What if your employer fails to protect you?

Discuss the matter with your Usdaw rep or your Area Organiser. Usdaw believes that people should work in an environment free from harassment on the grounds of race, sex or disability. We will do all we can to ensure employers abide by their responsibilities. Remember, you are not alone in tackling this matter. Usdaw is here to support you.

Lodge a grievance under the Company procedures. This is a priority if the matter is to be resolved. Often Usdaw has negotiated special complaints procedures with companies to deal with harassment. These allow for a grievance to be discussed at a senior level very quickly. Usdaw will support, assist and represent you at every stage.

Consider an application to an Industrial Tribunal. It is clearly best to sort things out by discussion with the company. However, if nothing can be resolved by discussion, you may want to take the matter to Industrial Tribunal as a last resort. The application must be made within three months of the day of complaint, so, you may need to lodge the matter at Tribunal with a request that you are given time to deal with it under the grievance procedure.

Usdaw will give you advice and assistance on all matters involving a Tribunal application.

A Checklist for union reps

• Check with management that they understand their responsibilities to protect their staff from harassment related to sex, race or disability from customers.

• Check with management that they have a clear policy and procedures in place to support staff who are harassed by customers. Negotiate appropriate agreements.

• Treat complaints of harassment due to sex, race or disability seriously and support members involved in any discussions or grievance hearings about the incident.

• Make sure that members who have a complaint know what to do and what procedure to use.

• If the member agrees, seek the support of other workers in order to reduce the feelings of isolation and individual vulnerability, make it a work issue shared by everyone.

• Keep a record of incidents of harassment by customers.

Advise members that if they are not satisfied with the action of their employer they may have a case they can take to the Tribunal.

Watch out for time limits (three months from the date of complaint). Remember, taking a case to a Tribunal does not mean having to give up your job.

The leaflet Abuse is not part of the job (Leaflet 296) is available to download from the resource library. Alternatively, you can order copies from the Stationery department.

If you need help and advice or want to join the union contact your nearest Usdaw office or ring the union helpline 0845 6060640 (calls charged at local rate).

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© 2003 (USDAW) Union of Shop, Distributive and Allied Workers
This page: http://www.usdaw.org.uk/campaigns/freedom_from_fear/resources/1050305364_31919.html
Last Modified: Friday, 07-Sep-2007 00:16:04 EST
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