
08th September 2010
T: +44 (0) 1451 812 225
From 6 April new powers will give Police the right to enter the workplace in place of the Health & Safety Executive.
As part of the Corporate Manslaughter and Corporate Homicide Act reported last month, all workplace deaths will now be investigated by the Police as a “scene-of-crime” area. Employers will have to decide whether to keep employees in post or suspend on full pay should a criminal prosecution be pending and any employee dismissed for a health and safety breach that led to a fatality may be able to challenge the dismissal on the grounds of the thoroughness of any investigation. Obviously, much depends on how quickly the police can get an enquiry completed, but in our view, a long-term suspension on full pay may be less costly than a hasty dismissal for breach of contract in these new circumstances.
