Corporate Manslaughter and Corporate Homicide Act 2007
Under the Corporate Manslaughter and Corporate Homicide Act 2007 an offence is committed where failings by an organisation's senior management are a substantial element in any gross breach of the duty of care owed to the organisation's employees or members of the public, which results in death. The maximum penalty is an unlimited fine and the court can additionally make a publicity order requiring the organisation to publish details of its conviction and fine.
In considering the liability of an organisation under the Act, a jury must consider any breaches of health and safety legislation and may have regard to any health and safety guidance.
In addition to other health and safety guidance, this guidance could be a relevant consideration for a jury depending on the circumstances of the particular case. The maximum penalty is an unlimited fine and the court can additionally make a publicity order requiring the organisation to publish details of its conviction and fine.
The first case of its kind under this legislation has recently been concluded, resulting in a £385,000 fine to be paid by the directors of Cotswold Geographical Holdings who were found guilty. The case's outcome will also have a deep effect on the way all companies are expected to comply with legislation and look after their workforce, contractors and visitors.
Handsam offers up to the minute advice on all such matters to its clients as part of the annual licence to our health and safety management system. Click here to learn more.
