Corporate Manslaughter Act Comes into Force

Prosecutions of companies found responsible for work-related deaths are expected to rise significantly under laws that took effect on 6th April 2008.

Companies that might otherwise have been able to avoid prosecution or conviction will, under the Corporate Manslaughter Act, be more easily brought to justice and will face the prospect of heavy fines. In 2006-07 alone 241 people were injured fatally at work, according to the Crown Prosecution Service. Since 1992 there have been 34 prosecutions and six convictions.

Under the old laws a company could be convicted only if the “directing mind” or senior individual could be identified as responsible for gross failings leading to a death. The new Act enables the collective actions of a company’s management to be examined. Although individuals cannot be jailed, companies face unlimited fines.

David Bergman, Executive Director of the Centre for Corporate Accountability (CCA), warned: “Large companies are unlikely to be prosecuted for the new offence of Corporate Manslaughter for many years – even though deaths will have resulted from their serious management failures and will have met the new legal test.

“This is because the new Corporate Manslaughter and Corporate Homicide Act 2007 contains strict retrospective clauses that mean not only must the death take place after 6th April 2008, but all the evidence supporting the allegation must also taken place after that date.

The CCA has published comprehensive guidance on the Corporate Manslaughter Act for more information visit www.corporateaccountability.org

The new Act comes into force after decades of lobbying by campaigning groups such as trades unions and bereaved relatives. Corporate Manslaughter is one of the themes of Workers’ Memorial Day held every year on 28th April. Workplace deaths are avoidable and poor health and safety is the cause. Unite the union is one of the many trades unions that campaigned for the corporate manslaughter law. For information on the Unite campaign visit http://www.amicustheunion.org/default.aspx?page=1286