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Posted By Ian G Hutchings
Hi
Can anyone direct me to case law or information regarding situations where a director or directors may be based offshore (e.g. Isle of Man, Guernsey etc), have a company registered in the offshore country and then have business operations in the UK. I am interested in identifying specific information about health and safety liability for these individuals if they have investments in work in the UK.
Thanks
Ian
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Rank: Guest
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Posted By andrew morris
Ian,
If they are directors, and the company has even an accountants address in this country then that is your answer (I think) if it is PLC or limited, do a search on the companies house website and it'll tell you the companies legal address. If this is outside the UK, legal jurisdiction may reside at the actual UK based address (even if it is just a depot)
hope this helps
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Rank: Guest
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Posted By Ian G Hutchings
Thanks Andrew
Since my post I have taken further advice. I have been advised that whilst the company in question and its directors are registered offshore, they will come under the jurisdiction of the Health and Safety at Work etc Act 1974 if they have employees undertaking work in the UK. The main point seems to be if they are seen as an 'employer' under the act, even if registered and resident outside the UK.
If they do not employ people this does not apply, but other secondary liabilities may exist around other requirements, such as being a client under CDM. It's a long story!
Thank you for your response.
Ian
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Rank: Guest
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Posted By maddog RM
Ian,
there are known cases where non UK companies have been fined for health and safety offences but have not paid up.
Maybe we might get companies registered in Panama the same as ships.
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