Corporate manslaughter Q&A

An overview of the Corporate Manslaughter and Corporate Homicide Act, and it's likely impact on construction. The act, which came into effect on 6 April 2008, introduces the new offence of corporate manslaughter (also known as corporate killing) in England, Wales and Northern Ireland, and in Scotland of corporate homicide.

What was the law previously?

Historically, manslaughter laws had to prove gross negligence of construction company bosses before an individual or firm could be prosecuted. That proved very difficult meaning only a handful of cases were successful.

What changes with the new corporate manslaughter legislation?

Companies can now be prosecuted for the new offence if the way their activities are managed or organised by their senior managers amount to a gross breach of the duty of care they owe to their employees or the public results in a person’s death.

The new Act focuses on the way in which a company’s activities are managed and organised and is not reliant on finding one person guilty of gross negligence. The courts can now look at the collective actions, or failings, of the company’s senior management.

Does the corporate manslaughter law apply to all companies, regardless of size?

Yes. Companies will be prosecuted whatever their size if management failures led to the death of workers on site.

Can owners or directors of companies go to jail?

Not under these new laws. The corporate manslaughter legislation does not contain the power to jail company bosses and is solely concerned with taking action against companies. But you can still be put in prison for killing an employee under health and safety laws and the common law of gross negligence manslaughter.

So what are the penalties for corporate manslaughter?

The heaviest deterrent is an unlimited fine following site deaths. Construction companies will also be ordered to put right their health and safety practices and offenders will be named and shamed with details of their fines and offences.

So a corporate manslaughter prosecution could bankrupt a construction company?

Yes – unlimited fines mean just that.

What sort of proof will the authorities need for a prosecution?

They must prove that the management failure amounted to a ‘gross breach’ of the duty of care owed to the victim. Deciding factors include whether the company failed to comply with any relevant health and safety legislation, and if it did, how serious that failure was, and how much of a risk of death it posed. The court will also look at whether firms took health and safety seriously or whether a blind eye was turned to dangerous practices.

So who is considered a manager?

Anyone who plays a significant role in the decision-making process about how the construction company's activities are managed and organised.

How should a company prepare for the corporate manslaughter legislation?

Check your company is up to speed on health and safety and make sure you don’t cut corners when it comes to protecting yourself and your employees at work.

Other corporate manslaughter links

• Full wording of the Corporate Manslaughter and Corporate Homicide Act 2007
• Ministry of Justice page on Corporate Manslaughter
• Crown Prosecution Service page on Corporate Manslaughter
• Home Office page on Corporate Manslaughter
• Health & Safety Executive guidance on Corporate Manslaughter
• Centre for Corporate Accountability page on Corporate Manslaughter
• Corporate Manslaughter Q&A on Personnel Today
• Transport & General Workers Union Corporate Killing campaign
• Wikipedia entry on Corporate Manslaughter