Section 47 of The Health and Safety at Work Etc Act 1974 has been amended. It is now only possible for a civil claim to take place if the complainant can prove the employer has been negligent. Can someone please clarify this please as I think I have the wrong end of the stick. Does this mean the organisation has to be prosecuted under the HASAW act first before and civil action can take place ?

Canopener is correct. The basis for a civil claim for compensation must now, in the future, be based upon an allegation of negligence. Thus the cliamant must prove: There was a duty of care owed to them (no problem for an employer/employee scenario) There was a breach of the duty That the breach of duty resulted in injury or damage and That the outcome was foreeseable. It will not be possible for the claimant to allege that there was a breach of statutory duty. BUT I would suggest that claimant's solicitors will seek to use the evidence that the employer was prosecuted as proof that there was an element of wrong doing, that there was a failure to take reasonable steps etc. But only time will tell. Phil