GF quit without notice after sexual assault

[woogaquin]

My GF worked in a nightclub as a waitress, one of the customers forced her outside the establishment and almost r@ped her. Someone passing by intervened, my GF's employer called the police. As for what the police did with that man I have no idea. Now my GF refuses to go back there, traumatised, essentially quit without giving notice after working 1.5 weeks in this job because she was struggling to find a job. Her employer has asked her to come back to work saying they will give her time to calm down. GF's been telling me she's too afraid to go back and feels dirty.

In my opinion there were a lack of bouncers and security guards in the building inside and around it. Do you suggest my GF sues her employer for failing to protect her? The assault went as far as being pressed against the wall outside, clothes ripped off. Aside from the mental trauma and humiliation she was not physical injured. Is she right to just up and leave and demand her wages for the 1.5 weeks that she has worked?

[ULA]

I would suggest that your GF emails her employer and explains that she is too traumatised by the situation that she cannot return to work and assuming they have her bank details ask that they pay her the 1.5 weeks salary that she is owed and provide her with a payslip and P45. If she has not already given her bank details then she needs to provide those.

[woogaquin]

Do you think she has grounds for a civil claim against her employer? Their attitude is you are working in a nightclub what did you expect. I say she signed up to be a waitress, obviously did not expect to be treated like a prostitute. Surely they must be at fault for lack of security staff present? Probably another cost cutting idea from their management.

[ULA]

Civil claims are not my area of expertise so will tag des8 to help you on this question.

[des8]

I don't think any person, male or female, waitress or prostitute should have to experience that sort of behaviour.

It might well be that your GF has a viable claim against her ex employer.

A nightclub has an obligation with regards the safety of their employees

The regular risks faced by nightclub employees are not just “part of the job” and there should be procedures and training in place to avoid such circumstances.
If the employer can be shown not to have such procedures it could amount to negligence and they could well be liable to pay compensation.

I would suggest consulting a personal injury solicitor to see the way forward.
If they think she has a viable claim they will probably suggest a conditional fee arrangement (no win no fee) to take her case forward