Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawCorporate manslaughter

Corporate killing law: how far will the Government go?

by DeeDee Doke 7 Dec 2004
by DeeDee Doke 7 Dec 2004


Business leaders support Government proposals for a corporate manslaughter Bill that would not include prosecution of individual directors for workplace casualties.

Ben Willmott, employee relations adviser at the Chartered Institute of Personnel and Development (CIPD) said: “I think that in a large company, particularly, itÍs very difficult to see how one individual can be clearly seen as ultimately responsible, because of the size and complexity of large organisations.

“Would that necessarily be the best way of ensuring that, if there is any form of negligence, it doesn’t happen again?” he asked. “I’m not sure that is the best way forward.”

The Institute of Directors’ head of corporate governance, Patricia Peter, said the organisation is “pleased”  that the Government has opted not to seek the prosecution of individuals under the proposed legislation.

She believes the threat of bad publicity for companies accused of corporate killing provides at least one incentive for businesses to take their responsibilities seriously.

“People will know, and other companies will know who those directors involved in making those bad decisions are,” Peter said.

“I think what a lot of people fail to recognise is that companies, and certainly investors in companies, are increasingly aware of corporate reputation.

“Investors are looking more and more to companies to show that they are acting responsibly, that they do have proper risk management and risk assessment systems in place, and that these things are being discussed and considered at board level,” she said.

“Obviously, successful prosecution will also be necessary if the law isn’t to fall by the wayside. It’s got to be framed in such a way that it’s possible to secure a conviction. Otherwise it will be no more helpful than the existing law.”

Mike Elliker, legal director of law firm Addleshaw Goddard, believes that, as proposed, the new legislation will actually make convictions easier than they are under the current set-up.

Under the new laws, it will not be necessary to pinpoint one specific act that has led to a death. Instead, several interconnected issues can be identified – such as failures to train properly, supervise staff and have a proper system of work in place – which, taken together, constitute a serious management failure.

“It doesn’t have to be one act by one individual,” said Elliker. “So to that extent, it will make it easier to convict a company of the offence of corporate killing.”

Despite business’ views, UK unions are pressing forward with a proposed private member’s Bill that would hold individual directors to account.

A spokesman for the Transport and General Workers’ Union (T&G) said that unionists were hopeful Labour MP Stephen Hepburn of Jarrow will take forward the Bill proposed by the T&G and the Union of Construction, Allied Trades and Technicians (UCATT).

Although the Government has committed itself to the legislation, for which a draft has not yet been released, Elliker is among the legal experts who question whether the Government will finally bring such laws to fruition.

“The first point that arises is whether the Government is in fact really serious about introducing it”î he said. “There have been suggestions for something like four years that this was going to be implemented, and that is a long time for a matter to be left in abeyance if the Government is really serious about introducing the change.”

 

Avatar
DeeDee Doke

previous post
Admin keeps HR off the strategic path
next post
Employers fear burden of maternity plans

You may also like

Employment law changes for 2022 and beyond: update...

1 Jul 2022

Oxford study highlights best gig economy firms to...

9 Jun 2022

Tesco appeal against fire and rehire ban to...

8 Jun 2022

Bank holidays: six things employers need to know

5 Jun 2022

P&O Ferries boss denies reputational damage after mass...

27 May 2022

Employers lack data to make IR35 worker status...

25 May 2022

Maternity leave: Cost of living crisis highlights need...

25 May 2022

One in five employers planning ‘no jab no...

19 May 2022

MP demands timeline on carer’s leave legislation

13 May 2022

Queen’s Speech: absence of employment bill leaves organisations...

10 May 2022
  • Preventing Burnout: How can HR help key workers get the right help? PROMOTED | Workplace wellbeing may seem a distant memory...Read more
  • The ultimate guide to payroll for small businesses PROMOTED | You’ve started a business that has expanded to the point of requiring more staff to meet demand. Congratulations!...Read more
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+