Mr Humphrey, the Claimant in this case, was a manager of one of the Defendant company’s betting shops. As Mr Humphrey was opening the shop one morning an armed robbery occurred. As a result of what happened, he alleged he had suffered Post Traumatic Stress Disorder and issued proceedings for damages. A liability trial took place and the Mr Humphrey argued, inter alia, that Tote Bookmakers Ltd had been in breach of its duty of care by failing to ensure that 2 members of staff were present in the shop whilst it was opened and/or in failing to adequately train the claimant to deal with a robbery.
Tote Bookmakers Ltd denied liability.
Held:
1. There was no general principle that an employer would be negligent in allowing one employee to open up a betting shop without another member of staff being present.
2. Furthermore, the employer had not been negligent in the circumstances of this case in allowing the claimant to open the shop on his own.
3. The Defendant had also not been negligent with regard to any failure to train the Claimant to deal with a robbery.
Result:
Mr Humphrey’s claim was dismissed.