In a recent article Colin Parker of Kangs Solicitors commented upon the duties of both employers and employees to protect the health, safety and welfare of all those involved in their workplace.

That article drew attention to the financial penalties that had been imposed for the failures leading to the incident highlighted.

The tragic case reported upon below is a salutary reminder that a prison sentence may also await, in addition to a financial penalty, where the failure to observe the law results in catastrophic consequences.

‘Boss jailed after worker killed in Aston roof plunge’

The deceased, Tomasz Gulwaz, was a Polish born labourer who fell to his death as he worked on an unsafe roof at the premises of Al Amin’s Wholesale Ltd, Grosvenor Road, Aston, Birmingham on 5th January 2015.

A second man, fellow Pole Andrzej Kilimnik, also fell and, whilst he survived, he suffered multiple fractures.

They had been employed to clear valley gutters and carry out repairs to a leaking roof.

The Prosecution stated that the roof was fragile, there was no protection to stop a person falling off or through the roof and no warning was given.

Additionally, Mr Galwaz and Mr Kilimnik should not have been considered competent roofers and nothing was done to assess their competence.

Mofizur Rahman admitted the corporate manslaughter of Tomasz Gulwaz and the company pleaded guilty to breaching the Health and Safety at Work Act and was fined £144,000 with £44,600 costs.

Although Mr Rahman was described as a man of good character, with no previous convictions, was extremely sorry for his actions and helped run a soup kitchen for the homeless, the sentencing Judge stated:

‘Neither Mr Rahman or the company did anything to safeguard the safety of these two men. The actions of Mr Rahman and the company were foolhardy and without care’.

Mr Rahman was jailed for two and a half years.

How Can We Help? | Kangs Health and Safety Solicitors

At Kangs Solicitors we have the expertise to guide you and direct you from the experience we have gained from situations encountered by client over the years.

We are able to offer a wealth of experience in defending clients accused of involvement in all aspects of regulatory breaches including:

Who Do I Need To Contact For Assistance? | Kangs Solicitors

Should you require any guidance and advice then please do not hesitate to contact our team through any of our below mentioned solicitors who will be pleased to provide you with an initial free consultation.

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
07779 0559070121 449 9888 | 020 7936 6396