Thackray Williams

The Corporate Manslaughter and Corporate Homicide Act 2007 introduced a new offence for prosecuting companies and other organisations for gross failures in the management of health and safety with fatal consequence.

An organisation to which the Act applies will be liable to be prosecuted for the new offence of Corporate Manslaughter if “the way in which its activities are managed or organised (a) causes a person’s death, and (b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.”

Cotswold Geotechnical Holdings, a small engineering company, based in Gloustershire has become the first company charged under the 2007 Act. One of the two directors of the Company, has also been charged with gross negligence manslaughter and will face charges as an individual as well as on behalf of the Company. The Company is accused of unlawful killing by gross negligence after Alexander Wright, a junior geologist was taking soil samples from inside a pit when it collapsed and crushed him.  

To secure a conviction under the Act it must be proven that Cotswold Geotechnical’s management failure amounted to a “gross breach” of the duty of care owed to the deceased. A jury will therefore be expected to consider whether the evidence shows that the company’s conduct fell below what could reasonably have been expected of it.  If convicted, there is no upper limit on the fine which can be imposed although there is already speculation that in light of the economic climate and size of the Company, this is likely to be modest (in the circumstances). Other penalties may include remedial action and publicity orders. For the Director of Cotswold Geotechnical Holdings, if convicted of manslaughter, the risk of a prison sentence is a real one.

So what can companies learn from this? Companies and organisations should keep their health and safety management systems under review, in particular the way in which their activities are managed and organised by senior management. The Institute of Directors and HSE have published guidance for directors on their responsibilities for health and safety – www.hse.gov.uk/pubns/indg417.pdf

For more information contact Emma Thompson on 020 8290 0440 or email: emma.thompson@thackraywilliams.com