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RUSSELL HILL
Member - 30 posts
It would certainly wake everyone up here if there were custodial sentences involved.
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Pasc Ruggiero, CFIOSH, FRSH
Member - 41 posts
I agree that the Corporate Manslaughter Act should have simplified holding managers directly to account. However, EXISTING law includes for life imprisonment. This has been emphasised in the IoD guidance on the new Act (HSE indg417). Extracts of this are as follows:
“If a health and safety offence is committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the organisation, then that person (as well as the organisation) can be prosecuted under section 37 of the Health and Safety at Work etc Act 1974.
Recent case law has confirmed that directors cannot avoid a charge of neglect under section 37 by arranging their organisation’s business so as to leave them ignorant of circumstances which would trigger their obligation to address health and safety breaches.
Those found guilty are liable for fines and, in some cases, imprisonment. In addition, the Company Directors Disqualification Act 1986, section 2(1), empowers the court to disqualify an individual convicted of an offence in connection with the management of a company. This includes health and safety offences. This power is exercised at the discretion of the court; it requires NO ADDITIONAL INVESTIGATION OR EVIDENCE. Individual directors are also potentially liable for other related offences, such as the common law offence of gross negligence manslaughter. Under the common law, gross negligence manslaughter is proved when individual officers of a company (directors or business owners) by their own grossly negligent behaviour cause death. This offence is punishable by a maximum of LIFE IMPRISONMENT.”
After April it will be easier to convict an organisation of manslaughter. This will then allow section 37 to ‘kick-in’ against individuals.
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Anne McAllister
Member - 118 posts
Could corporate manslaughter apply to managers in social services and the nhs where a patient or a vulnerable person ( adult or child) dies as a result of neglect or harmful practice?
Or does this only apply to employees?
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Alex Davies - Workplace Law Network
Online advisor - 11 posts
The Corporate Manslaughter and Corporate Homicide Act 2007 doesn't just apply to employees but everybody to whom a duty of care is owed - this includes patients, members of the public, visitors etc. Although there are some exemptions, patients in NHS trusts will indeed fall under this legislation.
The recently published Corporate Manslaughter and Corporate Homicide Act: Special Report includes all the information you need to answer your question, and more, and includes a whole section on how the Act will specifically apply to Local Authorities.
Follow this link for more information:
http://www.workplacelaw.net/news/display/id/13879
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