Posted By jess33
Just wondered if anyone could help. I am after a prosecution which demonstrates that turning a blind eye to an employees frequent risk taking is not an option for his/her Manager and if/when an accident did occur the Manager would be implicated.
Of course morally wrong but also after a criminal case which highlights this..

Any help or suggestions appreciated.

Posted By Raymond Rapp
Jess

As the previous post indicates s37 offences "committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer" are sometimes known in common parlance as 'turning a blind eye', but not normally defined in law.

The leading case of neglect is Wotherspoon v HM Advocate 1978, where the judge ruled that neglect was what an employer 'ought to be aware' ie turns a blind eye.

One particular case sticks in my mind is the case of "Dangerous Dave" a signal operations manager in the railway. He was prosecuted by the HSE for allowing unsafe acts and fined £3,000 and dismissed by the company.

Apart from s37 offences individuals could also be prosecuted for gross negligent manslaughter. A conviction can ensue for an act or omission, but not necessarily for turning a blind eye per se.

Ray