Rank: Super forum user
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I spotted this (I’ve removed names as they are unimportant):
Company director, XX, has been sentenced to a 20-month jail sentence, after creating and selling over £380,000 worth of counterfeit clothing. XXl manufactured fake garments from brands such as Nike, Adidas, Bench, Diesel, and Lacoste, at his factory, YYY Ltd.
XX pleaded guilty to 40 counts of applying false trademarks to items of clothing. On top of the jail sentence, he has been disqualified from acting as a company director for 8 years, and must either pay a fine of over £19,000, or risk an extended time in jail.
Has there ever been an instance where the courts have thrown the book this hard at someone being responsible for the death of an employee?
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Rank: Super forum user
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It is rare that an individual is given a custodial sentence for health and safety failings. The exception being for gross negligent manslaughter, where to my knowledge the longest sentence was 7 years, reduced on appeal to 5 years if my memory is correct.
One could argue the same about fines. The FSA often impose fines of millions of pounds for breaches, the latest of course is to Barclays for LIBOR fixing - £290 million. Whereas the largest fine in the UK for health and safety failings to date is that of Transco in Scotland for the death of a family of four in a house explosion - £15 million.
It appears that life is not as sacred as we thought...
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Rank: Super forum user
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For information about sentencing in H&S cases were death results see http://sentencingcouncil...slaughter_accessible.pdf
Especially Part D- Level of fines.
There, they recommend that the basic starting point for fines under the Corporate Manslaughter Act be £500 000 while in cases where death results from a breach of the Health and Safety at Work Act 1974, without Corporate Manslaughter the starting point should be a £100 000. These are starting points for the fines, with mitigation and aggravation being taken into account. The guidance also states that in serious cases there is nothing wrong with imposing fines in the “millions of pounds.”
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Rank: Super forum user
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Thanks for the link A Kurdziel
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Rank: Super forum user
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I think Walker that the case you quote was fairly easy to prove in a court of law, very black & white I should imagine - unfortunately it appears that it is much harder to prove any individual was responsible for the death of a worker….too many grey areas for solicitors to exploit
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Rank: Super forum user
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........furthermore I'd like to know actually what has been the worst sentence handed down for a breach of H&S and/or a fatality in the workplace, anyone know? Obviously this case highlighted by Walker was black & white hence the guilty plea....can't think of many cases where an individual(s) pleaded guilty to a workplace fatalitie(s).
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Rank: Super forum user
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Victor, perhaps you did not read my post...the gross negligent manslaughter (Tebay) case was a health and safety failure for the death of four workers and I believe this is the longest sentence of 9 years, but reduced on appeal.
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Rank: Super forum user
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If people ever become expensive fines etc. will go up to reflect the importance of the situation but until that date do not hold your breath
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Rank: Super forum user
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Thanks Ray, no I didn't read it - long way to go it would appear.
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