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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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My wife works care firm looking after 6 clients

Resolved Question:

Hello my wife works for a care firm looking after 6 clients all with mental health issues. Recently whilst onduty in her place of work she was physically assaulted by one of the clients which was totally unprovoked. She is now of sick from work suffering from trauma and stress in relation to the attack. The company have not removed the client from the workplace stating that there is no history of the client doing this before and that they will monitor and assess the client closely. Staff at various times of the day were left on their own to look after the clients and always on their own at night.my wife now feels that she can not return to work whilst the client is still there fearing that it may happen again. What would be her options?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
How long has your wife worked there for?
Customer: replied 2 years ago.

She has work for them for 7 years

Expert:  taratill replied 2 years ago.
Her employer has a duty to care for her health and safety.
She has the right to raise a grievance to say that they are in breach of the duty to care for her health and safety unless they can put measures in place to ensure that she is not at risk of a further attack.
Ultimately if they do not listen to her grievance and fail to ensure her health and safety then she may be able to claim constructive dismissal. I would suggest that you raise the grievance and then come back to me if you need to for further help.
If you have any further questions please do ask.If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
taratill and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your reply, what if the employer says that they will monitor the client and have extra staff in place but ultimately cannot prevent my wife from coming into contact with the client in the future

Expert:  taratill replied 2 years ago.
Hi that might be considered to be reasonable. It would not be reasonable to expect her to be alone with the client.
She really does need to raise a grievance at this stage to see if they can come up with a sensible (workable) proposal.
I would be grateful if you would take the time to rate my answer. Thank you and all the best.