Joel Heap, partner at Cobbetts, looks at the behaviour of individuals, how it can affect your business and what you can do about it.

So you have a successful business which is currently trading well but that success is being endangered by a few individuals. Their violent or threatening behaviour has the potential to drive your customers or staff away and have an adverse affect on your trade.

The Problem

• Persistent threats to staff and customers
• Damage to property
• Fighting on premises
• Staff intimidated by actions of individuals
• Trade suffering due to behaviour
• Not enough evidence for the police to take action
• The conduct of the individuals is not necessarily violent and therefore the police are unable or unwilling to take direct action against them.

What can be done?

• An injunction can be obtained from the Court to prevent these individuals entering your premises or contacting your staff.
• This can be obtained quickly (within days if the matter is particularly urgent).
• The costs of obtaining an injunction are relatively low.

The effect of the injunction

• The main advantage of the injunction under this Act is that breach of it is a criminal offence.
• The result of this is that the police will be able to arrest anyone who subsequently breaches the injunction immediately.

What evidence is required and what you can do to speed up the process

• The only evidence that is required is to show two separate instances of ‘harassment’.
• In these circumstances the definition of harassment is simply behaviour that causes alarm or distress.
• The test is subjective.
• Once two instances of harassment can be demonstrated the court may grant an injunction prohibiting the harassers from entering your premises and restraining other behaviour.
• It is useful if you can keep a note of all incidents of harassment.
• Please also keep a note of any potential witnesses and ask them if they would be willing to make a statement.
• Notify us as soon as possible as your case will be strengthened if we can apply to the court close to the time of the incidents.

Do you think this could help you and your business?

For further advice contact:

Joel Heap on 0845 165 5426 or joel.heap@cobbetts.co.uk

Joel is a partner in the commercial litigation team in Manchester.

The content of this briefing note is merely informative and should not be relied upon as a substitute for legal advice.