Ministers urged to reform law on site deaths
Tuesday 13th September 2011
In August 2011, the Central Criminal Court in England ("the Old Bailey") found TV satellite installers Foxtel guilty for health and safety breaches after an employee, Mr. Noel Corbin, fell over 40 feet to his death when installing a satellite dish in 2008. Foxtel did not ask Mr. Corbin for references or training certificates, and did not supervise his first jobs. Safety equipment was also inadequate.
Foxtel pleaded guilty to the charges but was fined just £1 as the company had gone into voluntary liquidation a month before the hearing, owing £109,000. However, Foxtel director Mr. Tony Smith continues to trade under the name foxtel.ltd.uk.
Construction firms are increasingly avoiding heavy fines by going into voluntary liquidation. Representatives for the Union of Construction, Allied Trades and Technicians ("UCATT") are urging for legislative reform and calling on the Health and Safety Executive to pursue company directors if an employee is killed. This would prevent a director from forming another company and continue trading, as in the case of Mr. Tony Smith and Foxtel. George Guy, UCATT’s acting general secretary, said: “The introduction of statutory director’s duties would ensure that an individual director would be required to take responsibility … and there could be a custodial sentence…Unless the laws are properly tightened, many companies will continue to fail to take safety seriously as they know that they will not be prosecuted."
Ashfords' Personal Injury Team has extensive experience in all areas of personal injury claims, ranging from accidents on public property or at work to road traffic accidents and clinical negligence. If you are a claimant and would like to discuss a potential personal injury claim and the funding options available to you, including the option of a "no win no fee" arrangement, please contact Stephen Walker, Partner, on 01884 203057.
Ashfords LLP is regulated by the Solicitors Regulation Authority. The information in this note is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
