Call us 0333 370 4333
13/12/17

Health and Safety Solicitors | Kangs Regulatory Solicitors

Share

A Birmingham company and its director were recently fined following the sad death of an employee who was thought to have fallen from the top of a device known as a trammel, where he was clearing debris, and subsequently died.

The company admitted corporate manslaughter and was fined £255,000 whilst the director was fined £11,500.

As the result of his plea of guilty to a health and safety offence, the Company Director was disqualified from holding the office of company director for eight years and he was sentenced to twelve months in prison suspended for two years and he was ordered to undertake three hundred hours of unpaid work.

Det. Con Mark Harrison said:

‘This terrible tragedy is made so much worse by the fact it could have been avoided. It was almost inevitable that somebody was going to be seriously injured or killed given that the company prioritised cost –cutting over safety”

“A culture of negligence resulted in the sad loss of life.”

The Relevant Health and Safety Law | Kangs Regulatory Law Advisors

The Corporate Manslaughter and Corporate Homicide Act 2007 (‘the Act’), which came into force on 6th April 2008, introduced a new statutory criminal offence of corporate manslaughter (‘the offence’) thereby providing accountability in respect of deaths arising  as the result of very serious management failings.

Section 1 of the Act provides that the following elements need to be proved:

  • the defendant must be a qualifying organization
  • the organization caused the death
  • a relevant duty of care was owed by the organization to the deceased
  • there was a gross breach of that duty
  • a substantial element of that breach was in the way those activities were managed or organized by senior management and
  • the defendant was not exempted for prosecution under the Act.

What Is A Qualifying Organization? | Kangs Health & Safety Team

Section 1(2) of the Act states the offence applies to a:

  • corporation
  • department or other body listed in Schedule 1
  • police force
  • partnership, or trade union or employer’s association that is an employer.

How Can We Help? | Kangs Health and Safety Solicitors

Kangs Solicitors have a wealth of knowledge and experience in dealing with all matters of health and safety law.

Our specialist lawyers are able to provide advice and assistance throughout the entire criminal process, from the initial intervention by the health and safety executive through to enforcement, interview under caution and ultimately the defence of any ensuing criminal prosecution.

Who Can I Contact For Help? | Kangs Solicitors

Please feel free to contact our team through any of the lawyers named below who will be happy to provide you with some initial advice and assistance.

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258 171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
07779 055907 | 0121 449 9888 | 020 7936 6396

Tim Thompson
tthompson@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 0771067 77 67

Steven Micklewright
smicklewright@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

News insights, Serious Fraud, Services
A former Labour MP, Jared O’Mara, has received an immediate custodial sentence of four years having been found guilty, following his trial, of six counts of fraud relating to false expenses claims for work that he never carried out in respect of jobs that did not even exist. For further Press details please follow the […]
07/03/23
Criminal Litigation, News insights, Services
Kangs Solicitors has recently successfully defended a client facing an allegation of assault occasioning actual bodily harm arising from an incident forced upon him whilst he was simply conducting his  business, running a restaurant in London’s West End, when confronted with an unsavoury situation. Kangs Solicitors was instructed from the onset attending the interview under caution at Charing […]
06/03/23
Insolvency, News insights, Services
Kangs Solicitors has been instructed to defend claims against our client alleging breaches of Section 212 and 213 of the Insolvency Act 1986. The claims are being brought by the joint liquidators of our client’s company on the basis that our client allegedly knew that he and his company were participating in ‘Missing Trader Intra- Community’ Fraud’ […]
01/03/23

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Your privacy is important to us and all details you share will be kept confidential.
Old map of Birmingham