LEGAL ADVICE ON A SAFETY INCIDENT?
Case Studies
BUT HE DIDN’T TELL US HE WAS ILL……
Machine Bearings Ltd had employed Kevin Smith as a machine operator for two months when they decided to dismiss him. They felt that his work rate was too slow and he seemed to lose his concentration completely in the afternoon. Kevin received a letter of dismissal at the end of his shift on a Friday without any prior discussion. The Company thought this was acceptable believing that Kevin had not been employed long enough to be able to complain to the Employment Tribunal. >>More
Key annual figures 2007/08
( DATA ISSUED OCTOBER 2008 )
• 2.1 million people were suffering from an illness they believed was caused or made worse by their current or past work.
• 229 workers were killed at work, a rate of 0.8 per 100 000 workers.
• 136 771 other injuries to employees were reported under RIDDOR, a rate of 517.9 per 100 000 employees.
• 299 000 reportable injuries occurred, according to the Labour Force Survey, a rate of 1000 per 100 000 workers.
• 34 million days were lost overall (1.4 days per worker), 28 million due to work-related ill health and 6 million due to workplace injury.
Work related accidents and environmental incidents unexpectedly occur even in well run businesses operating in low risk markets.
The stakes for business owners, individual directors and managers have never been higher.
Following the recent introduction of the Corporate Manslaughter and Homicide Act, the new Health and Safety (Offences) Act 2008 is effective from January 2009. Under the new act fines at lower courts are increased from a maximum of £5000 to a Maximum of £20000. Fines in the higher courts are unlimited. A maximum one year prison sentences is now an option in the lower courts, and two years at Crown court. The increase in fines and sentences reflects the view of Government Inquiries since 2000, that business did not have a sufficient focus on health and safety issues.
Against this background it is essential that business clients seek early advice in the event of an incident or regulatory investigation.
Our Business Law Advice Service is a readily available source of expert advice on all aspects of Health and Safety and Environmental legal issues.
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