The long-awaited Corporate Manslaughter Homicide Act 2007 comes after 10 years of campaigning by unions and other groups. Under it, companies can be convicted if the way they manage their operations causes a death – including any that are due to work-related stress – deemed to be the result of a gross breach of a duty of care. A substantial part of this breach must have occurred at a senior level.
Directors and senior managers cannot be held responsible under the Act – it is the organisation itself that faces prosecution. However, directors can still be sued through health and safety civil suits and are therefore still vulnerable.
“Armed with this new law, prosecutors could be eager to put these weapons to the test,” says Tom Sheffield, technical director at Aon. “As such, this really serves as a wake-up call to businesses to update their health and safety controls for the wellbeing of their employees and the public.”
Other legal changes occurring on 6 April include: an increase in the standard rate of statutory maternity and paternity pay, from £112.75 to £117.18 per week (or 90% of the person’s average weekly earnings if these are less than £117.18); and a rise in the rate of statutory sick pay, from £72.55 to £75.40 per week.
