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walker  
#1 Posted : 16 July 2012 15:53:15(UTC)
Rank: Super forum user
walker

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?
RayRapp  
#2 Posted : 16 July 2012 16:28:24(UTC)
Rank: Super forum user
RayRapp

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...
A Kurdziel  
#3 Posted : 16 July 2012 16:43:22(UTC)
Rank: Super forum user
A Kurdziel

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.”
Zimmy  
#4 Posted : 16 July 2012 19:25:06(UTC)
Rank: Super forum user
Zimmy

Thanks for the link A Kurdziel
Victor Meldrew  
#5 Posted : 16 July 2012 20:28:35(UTC)
Rank: Super forum user
Victor Meldrew

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
Victor Meldrew  
#6 Posted : 16 July 2012 20:36:04(UTC)
Rank: Super forum user
Victor Meldrew

........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).
RayRapp  
#7 Posted : 16 July 2012 22:31:42(UTC)
Rank: Super forum user
RayRapp

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.
bob youel  
#8 Posted : 17 July 2012 07:35:24(UTC)
Rank: Super forum user
bob youel

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
Victor Meldrew  
#9 Posted : 17 July 2012 12:19:01(UTC)
Rank: Super forum user
Victor Meldrew

Thanks Ray, no I didn't read it - long way to go it would appear.
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