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#1 Posted : 24 September 2007 12:27:00(UTC)
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Posted By Andrew P Brown
A lady was working in a local pub. she had a drink after hours with the landlord and some of the landlords friends. Her drink was spiked and she was beaten and raped outside in the pub car park. She immediately went to the police, who have started an investigation.

I have been asked for my opinion on the legal obligations of a landlord/brewery.

I believe that under HSWA the landlord did not provide safe egress from the premises and is responsible not only for the lady's drink being spiked in the workplace, but also for her being attacked on the company premises.

This is completely outside my normal area of expertise so would appreciate any advise or comments.

Many Thanks
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#2 Posted : 24 September 2007 12:52:00(UTC)
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Posted By Steve Cartwright
I would recommend that you leave this one in the hands of the Police and seek proper legal advice from a Solicitor.



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#3 Posted : 24 September 2007 16:33:00(UTC)
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Posted By Holly McDermott
Andrew,

Are you saying that landlords/managers are responsible for every incident of this nature
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#4 Posted : 24 September 2007 18:30:00(UTC)
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Posted By Raymond Rapp
Andrew

I agree with the first response, these matters are far too complex to be considered just in health and safety terms. Assuming a suspect and criminal charges arise from this tragic act, then there will be an opportunity later to consider a civil claim ie duty of care.

Regards

Ray

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#5 Posted : 24 September 2007 21:49:00(UTC)
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Posted By andrew morris
To be harsh, I would suggest that if the lady chose to stay behing after hours to socialise ith her boss, then I would suggest it is outside the remit of the health and safety at work act, although there may be civil liability. I would however, as the employer, after consultation with solicitors and insurance, offer support, counselling, etc.
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