DWF’s Tristan Meears-White on corporate manslaughter sentences

DEATHS in the workplace always come at a price for businesses. They involve prosecutions, damaged reputations and costly insurance premiums. But, since the introduction of new sentencing guidelines, the stakes have never been higher.

In February this year, the Sentencing Guidelines Council published its definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death.

These stated punitive and significant fines should be imposed both as a deterrent and to reflect public concern at avoidable loss of life.

Fines imposed on companies found guilty of corporate manslaughter should seldom be below £500,000. Fines for health and safety breaches that cause death should be from £100,000.

Of course, there will be occasions where the financial circumstances of the firm will dictate the fine.

Other factors that aggravate the offence and may attract a larger fine include the number of deaths and serious injuries caused, failure to heed warnings, cost-cutting or deliberate failure to obtain or comply with relevant licences.

Companies need to ensure that they are fully aware of their current legal requirements, the obligations that are imposed upon them and the steps they must take to make certain they are not breaking the law.

TRISTAN is a partner in DWF’s regulatory unit.