Verbal abuse from staff to customer

hickory99

Hi all,

Another one:

If a staff member of a pub, for example, had personal opinions of a long standing regular of that establishment turn around one day and verbally abused that customer, embarassing them in front of his peers, what could be done?
Say for example if the customer was to be having a drink with friends and then the staff member shouted "f-ing a$%**%e" across the room - completely unprovoked, and customter turns in shock and says "I'm sorry?" completely in shock that personal opionion be brought into it, and the staff member repeated the same verbal attack and smirked and walked off -
What can the customer do? Aside from lodge a complaint with the gaurds, can the owner of the establishment be asked to fired the employee for harassment of paying customers or potentially face any sort of legal action for the conduct of his staff?

Weird scenario I know, but like I said assuming that the customer was genuinely minding his own business and talking to friends?

eagle_&_bear

if this is a purely hypothetical situation, there may be remedies available in either civil or criminal proceedings (or both).

Civil: you'd be looking at defamation and innuendo (depending if other people in the pub). There are a number of defences available in this tort so as long as they weren't applicable, then the tort could remain.

Criminal: technically it's an assault contrary to section 2 of the non-fatal offences against the person. While shouting, per se, does constitute an offence, the example here would be at the very lower end of the scale.

As for seeking the persons dismissal... that is really a matter for the employer.

I think you're best bet would be to just take your business elsewhere. Certain considerations would have to be had before ever an action would be taken. Especially when the issue of costs comes up

hickory99

I don't think it would very fair on a customer that has been socialising in the same place for a very lomng period of time and who's friends and family all socialise should have to change place because a staff member dislikes them.

that seems very unjust since the customer in this hypothetical situation had genuinely done nothing wrong

eagle_&_bear

Oh i agree entirely with you but you can't demand the staff member be fired, hence it is a matter for the manager/owner.

I agree entirely that the customer shouldnt have to leave, and they dont have to, but usually when businesses are operated in such a manner, the best remedy is to move with your feet.

hickory99

Yes I no very little action by management would be taken more curiousity as to what the best route to go down would be

eagle_&_bear

if it were me, I'd find a different bar (if that option was open to me).

Failing that you can sue civilly and you'd include the publican (the limited company) and sue them vicariously. In reality if you wants to proceed down that line, that's probably all you could do

Or,

sort the matter between the 2 people? good old fashioned talking?

Jarndyce

eagle_&_bear wrote: »

if this is a purely hypothetical situation, there may be remedies available in either civil or criminal proceedings (or both).

Civil: you'd be looking at defamation and innuendo (depending if other people in the pub). There are a number of defences available in this tort so as long as they weren't applicable, then the tort could remain.

Criminal: technically it's an assault contrary to section 2 of the non-fatal offences against the person. While shouting, per se, does constitute an offence, the example here would be at the very lower end of the scale.

As for seeking the persons dismissal... that is really a matter for the employer.

You can't be serious?

Section 2 Assault? Not a snowball's chance in hell.

Defamation? I don't know what the hypothetical statement is ("f-ing something" is all I can gather). It may not be a false statement, in which case defamation would not arise. The employee may have a justifiable grievance with the patron, however incongruous his behaviour may be.

I could not envisage any realistic chance of succeeding under vicarious liability, as suggested above.

Section (6) of the Criminal Justice (Public Order) Act 1994 would prohibit such behaviour.

Without more details of the incident it is difficult to comment. For example, if the employee accused the patron of being a 'f-ing paedophile', that could indeed be actionable in defamation.