Fleet Monitor (LIVE)
Corporate Manslaughter: a Q&A

The Corporate Manslaughter and Corporate Homicide Bill

finally comes into force on 6 April 2008


after years of legal wrangling.
Will it affect me? You bet. Our Q&A tells you how the law works – and what the penalties are.

What is this new bill?
It creates the new offence of corporate manslaughter if a company causes the death of an employee.

What’s the difference between that and the existing law?
Current manslaughter laws have to prove gross negligence of company bosses before an individual or firm can be prosecuted. That has proved very difficult meaning only a handful of cases have been successful.

This all sounds like it’s about big companies. Have small builders got anything to be worried about?
Yes. The new law applies to firms of all sizes so small builders are covered by it. Companies will be prosecuted whatever their size if management failures led to the death of workers on site.

I’m the owner of a small building firm – could I go to jail?
Not under these new laws. They don’t contain the power to jail company bosses and are solely concerned with taking action against companies. But you can still be put in prison for killing an employee under Health and Safety laws and the common law of gross negligence manslaughter.

So what are the penalties under this new law?
The heaviest deterrent is an unlimited fine following site deaths. Builders will also be ordered to put right their Health and Safety practices and offenders will be named and shamed with details of their fines and offences.

So the court will have the power to bankrupt me?
Yes – unlimited fines mean just that.

What sort of proof will the authorities need for a prosecution?
They must prove that the management failure amounted to a ‘gross breach’ of the duty of care owed to the victim. Deciding factors include whether the company failed to comply with any relevant Health and Safety legislation, and if it did, how serious that failure was, and how much of a risk of death it posed. The court will also look at whether firms took Health and Safety seriously or whether a blind eye was turned to dangerous practices.

So who is considered a manager?
Anyone who plays a significant role in the decision-making process about how the company's activities are managed and organised.

What should I do now to make sure I stay out of trouble?
Check your company is up to speed on Health and Safety and make sure you don’t cut corners when it comes to protecting yourself and your employees at work.

Grant Prior