What constitutes ‘Corporate Manslaughter’?
Corporate manslaughter is the unintended yet preventable death of an employee in the workplace. Where this can be proven, it is the employing corporation, not an individual or subcontractor that will be found guilty of the offence.
Seriousness of the offence
Measuring the seriousness of the offence of corporate manslaughter in court is based predominantly on 3 factors:
How foreseeable the incident was (therefore how preventable the incident was)
How common an incident of that nature is in the corporation, and
How high in the organisation did the responsibility for the offending breach go.
Other factors that go against the accused company, aggravating the seriousness of the offence therefore attracting a larger fine are: The number of incidences of deaths and serious injuries caused in the workplace, ignoring previous warnings, and the failure to comply with relevant licences or to obtain them and forsaking safety in order to cut costs
Legal penalty for Corporate Manslaughter
Due to the nature of the offence being one of omission rather than commission, and possibly of multiple parties rather than one negligent person, it is the offending company found guilty of the offence of corporate manslaughter. And when found guilty, a fine is imposed. The amount of the fine imposed can run into millions of pounds, and as outlined by the Sentencing Guidelines Council it was considered that it was to reflect the profit and turnover of the offending company to suitably and relatively punish.
For more information on:
- Corporate Manslaughter and Corporate Homicide Act 2007