Nightclub Dancer Compensated Following Vicious Assault by Customer

Public-facing businesses are under a clear legal duty to protect their personnel from the risk of assault by customers. In a case on point, a nightclub dancer who was viciously attacked by a client was awarded substantial compensation after a culpable delay in security staff coming to her…

Feb 21, 2022

She remonstrated with the client after he broke the club’s strict ‘no touching’ rule by slapping her on the buttock. He first tried to punch her before smashing a glass over her head, resulting in 2.5-centimetre wound to her forehead that required stitches. Security staff intervened but the police were not called and the client left the club without being identified.

After she launched proceedings against the club, the court found that she bore no responsibility for what happened. The client was 100 per cent to blame for the assault. Had security staff been constantly scanning the club for trouble, as they should have been, they would have witnessed the start of the altercation and intervened within a few seconds. Had that occurred, the assault would probably have been prevented. The dancer was awarded £12,000 in damages.

Can COVID Scepticism Be a ‘Belief’ Protected Under the Equality Act 2010?

A significant minority of people – often referred to as ‘COVID sceptics’ – firmly believe that measures taken to control the virus are an unwarranted impingement on their personal freedom. The question of whether such beliefs can qualify for protection under the Equality Act 2010 was considered in a guideline employment case. The case concerned a warehouse operative who expressed the belief that COVID-19 testing is flawed, that face masks afford no protection against the virus and that…

Workplace Drugs Policies – ET Fell into Substitution Trap

When considering whether a dismissal is unfair, Employment Tribunals (ETs) must resist the temptation to substitute their own views for those of the employer. That golden rule came under analysis in a case concerning a worker who was dismissed after testing positive for cannabis. The man, a team leader who worked for a recycling company, had been off work for an extended period, suffering from back pain. He self-medicated with cannabis and failed a random drug test after his return to work. He…

Injured Motorcycle Racer Receives Judge’s Praise – But No Compensation

The courage of many accident victims is deserving of great admiration, but judges are required to put sympathy aside when considering issues of liability. The High Court staunchly observed that principle in the case of a motorcycle racer who sustained life-changing spinal injuries during a championship event. The race was in its early stages when the successful and experienced rider made contact with the rear wheel of a bike immediately ahead of him. Unable to negotiate a bend, he collided with…