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Corporate Manslaughter and Corporate Homicide Act comes into force

For the first time ever small, medium and large businesses can be prosecuted after 6 April 2008 for serious management failures which result in a breach of their duty of care to employees and members of the public. This is likely to mean that almost all workplace fatalities will be investigated with a view to possible prosecution of the Directors, Board Members and other individuals.

Penalties will be unlimited fines, typically in the range of 5% – 20% of the businesses turnover and a new ‘name and shame’ provision whereby convicted companies are required to publicise the fact of their conviction, the particulars of the offence and the extent of the financial penalty.