Second Company charged with Corporate Manslaughter

A second company, Lion Steel Limited, has been charged under the Corporate Manslaughter and Corporate Homicide Act 2007, with a trial date set for 2012. The charge relates to the death of an employee, Steven Berry, who suffered a fatal fall through a fragile roof panel at the company’s offices in Hyde, Manchester.

In addition to the charge against the company, three directors of Lion Steel Limited have also been charged with gross negligence manslaughter.

This follows the first prosecution in February 2011 under the Act which led to Cotswold Geotechnical Holdings being fined £385,000 at Winchester Crown Court.  However, Cotswold Geotechnical Holdings was a smaller business with financial problems - it had 8 employees at the time of the conviction – and it was felt that the Act was designed to target larger companies.  Indeed, sentencing guidelines on corporate manslaughter issued in February 2010 suggested that fines would begin at £500,000 and even run into the millions.

The bringing of a second prosecution further demonstrates how important it is for businesses to ensure that they regularly review their health and safety and risk management policies, and that adequate insurance cover is in place to assist the business should any problems occur.

Most employers’ and public/products liability policies issued in the United Kingdom can also provide cover for legal defence costs in cases brought under the Corporate Manslaughter and Corporate Homicide Act 2007.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence v1.0

Last reviewed 7/10/2011

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