Get your house in order for corporate manslaughter

With the new Act fast approaching, law firm Eversheds is holding a series of seminars aimed at informing and educating UK employers about the significance of the new legislation.

The seminars, headed by some of the UK's leading health and safety lawyers, are taking place throughout March in ten major cities across the UK. Eversheds is urging employers to fully appreciate the impact of the new laws and the subsequent need to ensure health and safety is at the top of the boardroom agenda.

In essence, the new law makes it easier to convict organisations whose managers have breached their duty of care, causing death. Previously, prosecutions have failed against all but the smallest companies, so the new act could potentially see a dramatic rise in the number of corporate manslaughter cases against businesses.

Of the major changes, the new Act holds all employers accountable for the actions and decisions of their managers, rather than one single individual, which was perceived to be the key failure under the current legislation.

On top of this, the penalties will become far more severe with the possibility of a fine based on a percentage of annual turnover, a recommendation outlined in a consultation paper from the Sentencing Advisory Panel. In addition, a convicted company may be forced to publicise their offence which could be extremely damaging to the business' reputation.

Commenting on the new law, Kevin Elliott, regulatory partner at Eversheds, said:

“We can't stress enough the impact that this law will have on all UK businesses. With the Act taking effect in six weeks, it is essential that all employers quickly understand the finer details and the potential ramifications, particularly in light of the Sentencing Advisory Panel's recommendations to fine companies up to 10 percent of their annual turnover.”

“It is more important than ever that health and safety moves up the priority lists of all employers. Businesses with a strong commitment to health and safety should have nothing to fear, however it is vital that UK companies are up-to-date with the new laws and ensure their policies comply in order to limit the number of prosecutions.”

Company directors, office managers, HR and health and safety professionals are all encouraged to attend the briefings, which will cover a range of topics including the aim of the new law, its definition, the steps required to comply with the guidelines, the publicity orders and the impact of possible police investigation under the Act.

The seminars are taking place in the following cities:

• Manchester 06 March 2008

  London 07 March 2008

  Norwich 10 March 2008

  Cambridge 11 March 2008

  Ipswich 12 March 2008

  Leeds 13 March 2008

  Nottingham 14 March 2008

  Newcastle 18 March 2008

  Cardiff 25 March 2008

  London 26 March 2008

  Birmingham 27 March 2008

If you wish to attend, please contact Nicola Pugh on 0845 497 1928