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Chip and PIN and robberies: Employers risk negligence for failing to protect staff

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A leading law firm is warning retailers and hospitality businesses that they face costly and time consuming claims of negligence if they fail to protect their staff from a robbery.

Mace & Jones issued its plea amid mounting concerns that the introduction of chip and PIN is proving so effective in combating credit card fraud that criminal gangs are increasingly resorting to robbery for ready cash.

The major high street banks have reportedly made savings of £320m since chip and PIN was introduced with future annual savings of between £400m and £500m predicted. As a result banks are saving of some 80 per cent of previous losses caused by credit card fraud.

Mace & Jones Head of Employment Law Martin Edwards urged employers to implement ‘common sense’ measures to protect and train their staff.

“Employers need to assess the risk their business may be under from a robbery,’ he said. “If they or neighbouring businesses have fallen prey to attacks then it is wise to seek advice from the police as to what to do. Ultimately employers have a duty of care to staff. If the business is under increased risk of attack and the employer fails to properly train and protect staff they risk being accused of negligence if a robbery happens.”

Mr Edwards said staff are particularly vulnerable if they are handling large sums of cash late at night.

“It is very important staff are prepared to deal with an attack and know how best to protect themselves and any customers,’ he said. “If it is suspected that one or two gangs may be active then police will be able to offer practical advice on both security and actually dealing with a raid.”

Mr Edwards said the problem had been brought to his attention following a spate of raids in South Manchester. During one period in 2006 at least 12 bars and eateries were attacked, mainly when staff were cashing up for the night.

In the upmarket district of West Didsbury traders told the local paper that all but one licensed premises had been turned over in just eight weeks. The robbers were armed with axes, guns, knives and screwdrivers and terrorised staff by dragging them into back rooms. The raids became so frequent that business owners said they felt like ‘sitting ducks’, helpless to stop the masked thugs breaking in.

During the one raid on a restaurant, three masked men, one thought to have been armed with a gun, forced a chef back into the restaurant after he’d locked up for the night and smashed open the safe with an axe. They took a laptop, cash and a bottle of champagne.

A second raid on the same restaurant saw raiders break in through the back and lock three staff members in the cellar. Another restaurant’s kitchen porter was stabbed in the leg and hit over the head with an iron bar after three masked thugs burst in at 11pm on a Sunday night.

Posted April 5, 2007



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