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9 March 2006

Corporate killers can no longer hide behind the law

Negligent employers will no longer be able to hide behind the law

Negligent employers and individual directors involved with fatal accidents at work will no longer be able to hide behind the law, according to leading personal injury and trade union law firm Thompsons Solicitors.  This is as a result of the Government’s response to the select committee scrutiny of the proposed corporate manslaughter bill, which will lead to a strengthening of the bill and stronger penalties for corporate killers. 

In a powerful report, the select committee recommended a number of amendments to clarify the proposed new law of corporate manslaughter and to increase penalties including a longer term review of the individual liability of directors. 

Mick Antoniw of Thompsons Solicitors – a firm which represents many families involved with fatal accidents at work - comments: "We welcome the proposals from the Government to clarify aspects of the bill to make it easier to prosecute companies that kill workers through gross negligence. It seems likely the bill will be significantly strengthened when it returns to parliament.  In particular, the ongoing review of sentencing and the responsibility of individual directors make us optimistic that the new law can have a real impact on health and safety and reduce the number of serious accidents and deaths at work.”

“We believe that the days when negligent employers and individual directors could hide behind the law and not be held to account are coming to a timely end," concludes Antoniw.

The Government has made a number of concessions.  The original bill proposed the offence only for gross breaches by senior managers rather than management failure. This is considered to be too narrow and would let many employers off the hook as it would be a difficult offence to prove with many employers blaming managers lower down the management chain.   Importantly the Government has agreed to reconsider this along the lines of the original law commission proposal of management failure rather than senior management failure.  It has also accepted a recommendation to re examine the test for gross management failure.

The Government also reemphasises the need to abolish crown immunity and that the act should also apply to the police.  Importantly, the Government has recognised the need for effective penalties. Companies in breach of remedial orders (to rectify a breach) will go back to the crown court where unlimited penalties can be imposed.  In addition there is to be a review of sentencing guidelines and a review of the individual liability of directors.

 Thompsons published an updated version of this story on 26th April 2006 at 'Families urge Government to ensure the Corporate Manslaughter Bill is tough on rogue employers'.  The BBC also covered the story at 'Call to tighten work death laws'

Compensation Claim Advice

If you have suffered an injury as a result of an accident which was not your fault, telephone us now for accurate claim advice.

There are strict time limits in place to make any personal injury claim. For further information, contact us or visit our Questions Answered page.

Thompsons Solicitors are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. If you do have a valid personal injury compensation claim and you decide to instruct Thompsons Solicitors to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for you. Telephone us now on 08000 224 224 or complete one of our online personal injury compensation claim forms.