New Act on corporate manslaughter

Last Updated: 07 Apr 2008

The Corporate Manslaughter and Corporate Homicide Act 2007, which came into effect on 6 April 2008, will make it easier to convict organisations whose senior managers have failed in their duty of care and caused the death of an employee or customer.

Previously it was found (in a number of high profile cases) that fatal accidents were caused not by one key failing but by the combination of a large number of small failings. However, none of these small failings warranted any individual being charged with manslaughter.

The new law now holds employers accountable for the actions and decisions of all their senior managers rather than having to link the breach to just one individual. This makes it easier to bring a conviction where senior managers have failed in their duty of care and caused the death of an employee or customer.

As well as increasing the penalties for convicted companies, the new legislation may force companies to publicise their offence.

The Government only expects the new law to be applied to large organisations in the most serious and obvious cases. However, as the new legislation will make it easier to bring a conviction, it means health and safety considerations will be more important for all businesses, including those in the tourism sector.

You are therefore strongly advised to review your own health and safety policies and procedures. You should:

• identify potential areas for risk and address them immediately
• check all health and safety policies are up to date and review them regularly
• ensure all your staff are trained in health and safety and are aware of the implications of the new legislation.

Guidance on understanding and complying with the Act is provided on the Ministry of Justice’s website www.justice.gov.uk.