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Threat of violence from adjoining properties
Rank: New forum user 
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Hi,
I was wondering if anyone has any thoughts on how ican deal with the threat of violence from adjoining properties to our chip shop, we have a shared rear access between our shop a flat upstairs and another shop. The problem is a chap has recently moved into the flat above our shop and strongly dislikes the fact there is a little bit of noise from the kitchen and staff moving between the shop and rear food store, he has alrready physically assaulted one member of staff and verbally abuses other staff members and threatens physical violence on a regular basis, unfortunately the police are not interested. Any thoughts would be greatly appreciated.
P.S. this has been ongoing for over a year.
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Rank: Super forum user
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I say persist with the Police. It is a Police matter.
....or offer them free chips!!!
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Rank: New forum user
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Good idea Claire,
They say the matter is between the staff member and the chap in question and not between the shop and him, they always say they're on a diet
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Rank: New forum user
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I forgot to mention a lot of our counter staff are still at school and under the age of 16, which makes it very difficult to comply with the young persons at work which we do take very seriously.
Thanks
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Rank: Super forum user
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Ross C wrote:I forgot to mention a lot of our counter staff are still at school and under the age of 16, which makes it very difficult to comply with the young persons at work which we do take very seriously.
Thanks
Tell the police he has been threatening children. It will open up a whole new ball game.
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Rank: Forum user
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Ross
I would suggest that you install cctv as a first control
Second keep a log of his actions and if he persists then as someone suggests you need to continue to call the police. Get you staff to write witness statements if you can - signed and dated noting "how the chap makes them feel"
If he swears or even makes a hand gesture to your staff which makes them feel threatened that is a public order offence and the police have a duty to investigate under the police Act 2006.
Do not let the police fob you off - if they do not investigate you can complain to the IPCC - i personally would not go to the Professional Standard Directorate (police investigating themselves) - but be aware you wont be able to complain to both at the same time.
Everytime there is an incident and you call the police keep the incident number - the police should give you this regardless of whether they investigate or take further action.
Once you have two or three, incidents then you could see a solicitor and have a "letter before action" sent to the individual.
The final control would be if he breaches the concerns raised in the "letter before action" you may need to take out a restraining order.
Hope this helps
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Rank: Super forum user 
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I am surprised to hear that the Police are not interested (or am I just being naive?) and I wonder exactly what you mean by that? As already said, persist with a Police complaint, but as far as the assault goes this should be investigated and dealt with, and I suggest that you 'escalate' this using the CAD number and if necessary ask to speak to a more senior officer to ask why this hasn't been actioned. I suggest that you keep a paper trail.
CCTV is ok, it is not a magic wand, and do ensure that you comply with any legal requirements that may be applicable.
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Rank: Super forum user 
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Might be worth addressing the issues with his landlord.
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Rank: Super forum user
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This is not necessarily a H&S issue but if you are still having problems the advise to speak with the landlord is the best way of dealing with this issue. The police may not be able to act as it is all claimed assault and very hard to prove. I take it the problem is early in the evening as young people are involved so is possible that your staff are perhaps causing some friction with him? If so you need to get your staff to be more considerate of him as a resident. If this fails go to a solicitor and get an injunction against him, but be careful you will need to be on very solid ground as if you are not he will win hands down.
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Rank: New forum user
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Some really good replies and ideas, I already have an incident book to log any events I think I will install CCTV to back that up.
Bob, the reason I thought it was relevent to health and safety is i can't meet the requirements to provide a safe place of work free from harm. We have instructed our staff to be as considerate as they can to our neighbours and keep noise to a min.
Once again thanks for all your help.
Ross.
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Rank: Forum user
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Contact your local council and ask for the anti social behaviour team who will investigate and if possible issue asbo on the neighbour.
JohnB
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Rank: Forum user
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I am surprised at the response by Bob Shillabeer
"This is not necessarily a H&S issue"
Violence at work is a health and safety issue. It does not matter if the perpetrator is not an employee. If your employee is being verbally or physically threatened/abused it is a H&S issue and also a police matter. Keep on at the police.
I would also ask for a meeting with a senior police officer, e.g. Chief Superintendant, to discuss the matter in the first instance.
Hope this is of use.
Son of Skywalker
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Rank: Super forum user
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The reason I say it not necessarily a H&S issue is because it is a dispute with someone outside the employers control and he has done as much as is reasonably practicable to prevent the situation affecting his employees. By the I mean he has told his employees not to do anything that could put them at risk and has also made several contacts with the powers that be with the aim of resolving the situation. The suggestion that he seeks an ASBO against the person concerned could be counterproductive as he lives so close to the premises in question. This is a criminal case and should be progressed through the legal route as a last resort, but the employer should check very closely that his staff are not part of the cause. It is still more to do with the police than H&S.
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Rank: Forum user
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Even if the employees do their best to avoid confrontation, if the person responsible for the threats does this while you are at work it is still a H&S issue. As per the NHS etc violence should not be tolerated against staff. It is a H&S and a police issue.
Son of Skywalker
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Rank: Super forum user
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The NHS has a more difficult position to manage, the threat is generally from someone not living in the same locality as the person being threatened. They are far more transiant so are harder to stop so the NHS quite rightly take the view that to attach a member of staff will lead to procecution. This is a quite different thing to someone who lives near the workplace and commits an assualt. The employer can then only call on the police, but remember the employer cannot call for charges to be brought that is the person who was assualted role. The employer has done everything possible by developing a system that protects the employee as far as is reasonably practicable that is the end of the H&S requirement. If the threat of violence continues it is a police matter.
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Rank: Super forum user
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If he's been aSALTed or BATTERED it’s a Police matter
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Rank: Super forum user
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DP wrote:If he's been aSALTed or BATTERED it’s a Police matter
Dear cod, that was a bad joke.
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Rank: Super forum user
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Jeez...there's bad jokes all over the Plaice ;-)
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Rank: Super forum user
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It all sounds a bit FISHY to me. But then I guess it goes without saying that until something serious happens you won't see a SOLE but if the employee gets BATTERED then the police wil be crawling all over the PLAICE using a bit of MUSSEL to sort the problem out. But I guess at least when the CHIPS are down they will at least be there. Sort of warms the COCKLES of your heart to know that doesn't it. But then I'm just a bit of a MUSHY PEA I guess.
...okay, getting a bit dubious with that now and I have far too much time on my hands obviously!!! :-)
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Rank: Forum user
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If I'm HERRING you right don't be KOI report to police again and EEL be sorry when he ends up in court and it costs a few SQUID
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Threat of violence from adjoining properties
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