Corporate Manslaughter

New laws on corporate manslaughter came into force on 6 April 2008.  This means an organisation can now be prosecuted for management failures that lead to the deaths of employees and others.

It is essential that all management are aware of the new laws because an organisation can face an unlimited fine if convicted.  The court can also force the organisation to publicise the fact it has been convicted of the offence.

An organisation will be guilty of the new offence of Corporate Manslaughter if the way in which its activities are managed or organised by its "senior management", individually or collectively:

• amount to a gross breach of the duty of care to its employees, the public or other individual ( in most cases relating to health and safety); and
• those failings cause a person's death.

The new laws apply to all organisations operating in the UK, including companies and partnerships.  A parent company can be liable where "senior management" failures in the parent company cause the death of an employee of a subsidiary.

What constitutes "senior management" will depend on the size and structure of your business.  However, it could include any person who plays a significant role in the decision-making process in respect of your business activities.

For further information on how to ensure your organisation does not fall foul of the new laws, please contact Alistair Latham or Mark Daubney on 01482 324591.

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