Guidance published on Corporate Manslaughter Bill
Workplace Law has today published the Guide to the Corporate Manslaughter and Corporate Homicide Act 2007, a downloadable publication written by Danny McShee, at Kennedys, explaining the new legislation and what it means to employers.
Ten years in the making, the Corporate Manslaughter and Corporate Homicide Act 2007 has been passed by Government to make it easier to prosecute organisations when their gross negligence leads to death. Previously, an organisation could be prosecuted at common law for manslaughter, although attempts to do so were mostly unsuccessful. Over the past ten years there have only been seven successful prosecutions against a company for manslaughter, none of which have been large companies.
The Corporate Manslaughter and Corporate Homicide Act 2007:
- makes it easier to prosecute companies and other large organisations when gross failures in the management of health and safety lead to death by delivering a new, more effective basis for corporate liability;
- has reformed the law so that there is now more prospect of medium and large companies being held liable for manslaughter where gross failures in the management of health and safety cause death, which have escaped conviction for corporate manslaughter under the old law;
- lifts Crown immunity to prosecution. Crown bodies – such as Government departments – will be liable to prosecution for the first time. Therefore the Act will apply to companies and other corporate bodies, in the public and private sector, Government departments, police forces and certain unincorporated bodies, such as partnerships, where these are employers.
The Guide to the Corporate Manslaughter and Corporate Homicide Act 2007 looks at previous case law and explains the new legislation, and what it means for employers. Written in Workplace Law’s jargon-free, plain-English style, it dispels the myths surrounding this long-awaited Act, and provides indispensable advice for all those responsible for the health and safety of their workforce.
Order before 10 August and receive £5 off the price of the Guide. Members of Workplace Law can also get 10% off.