The Corporate Manslaughter and Homicide Act 2007 came into force earlier this year. It introduced a new offence across the UK, for prosecuting companies and other organisations where there has been a gross failing, throughout the organisation, in the management of health & safety with fatal consequences.
The Act has seen companies and other incorporated bodies, certain unincorporated bodies including partnerships, Government departments and similar bodies facing prosecution for the new criminal offence of corporate manslaughter where their gross negligence has led to the death of an employee or other individual.
Corporate manslaughter is defined in the Act as when ‘management failure by senior managers of a corporation, a police force, a partnership, trade union or employer’s association is a substantial element in gross breach of duty to take care causing the death of employees or others’.
The offence targets the liability of organisations themselves and it does not apply to individuals. However, individuals can still be charged with the common law offence of manslaughter or with health and safety offences.
The Act rectifies a key defect in the previous law which meant that organisations could only be convicted of manslaughter if a single individual at the top of the company was also personally liable.
Organisations should review and, if necessary, update their safety management policies and procedures to ensure they are compliant with the legislation. It is important that directors and senior managers are aware of their responsibilities and receive training as appropriate.
It is also important to ensure that you have a Directors’ & Officers’ Liability Insurance policy which should be extended to include Corporate Liability for full protection.
For further information contact Ryan Insurance Group on 0800 093 3015, email commercial@ryan-group.co.uk or visit www.ryan-group.co.uk
