First Corporate Killing Prosecution

May 01, 2009

A company has been charged under the Corporate Manslaughter and Corporate Homicide Act 2007, the first of its kind in the UK since the legislation came into effect. The company is accused of the criminal offence of corporate manslaughter following the death of one of its employees, who was killed whilst working in September last year.

The company’s director has also been charged with gross negligence manslaughter and could face life imprisonment if convicted. The director and the company have been charged with breaches of health and safety legislation, and is the first time this has happened under the Corporate Manslaughter and Corporate Homicide Act. This Act was implemented to ensure companies are accountable for the death of their employees. A company will be guilty of corporate manslaughter if the way its activities are managed or organised causes a death, and amounts to a gross breach of the duty of care to the person who died. If a company is convicted they will face an unlimited fine.

It is anticipated that a number of prosecutions could take place, and it is expected that the engineering and construction sectors could be affected the most. This is due to the fact that a number of work-related deaths occur in these sectors each year.

Employ Easily can assist organisations comply with Health and Safety legislation, and carry out risk assessments as part of our service. If you need to review your existing policies then please contact us on 0141 572 8427.

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