Civil Liability:

E/ers can be personally liable to e/es for accidents at work on a number of bases:

i. negligence

ii. breach of statutory duty (eg Regulations made under HSWA

1974 or Occupiers’ Liability Act 1957)

iii. breach of contract (eg breach of the implied term to provide

a safe premises, plant and equipment and a safe system of


Criminal Liability:

This can arise under the following:

i. HSWA 1974 – eg both the company and individual directors can be

prosecuted for breaches of the Act

ii. General criminal law, if death results, in a possible prosecution for


iii. S37 HSWA – prosecute officer if breach occurred with their consent

or due to neglect

New Legislation – Notary Public London solicitors

In June 2000, the Department of the Environment, Transport and the Regions (DETR) issue

proposals for a UK wide strategy on health and safety in the workplace with a view to

establishing a common standard for all businesses on health and safety issues.

In July 2001 the Health and Safety Commission (HSC) published new guidance

recommending health and safety responsibilities for company directors

Corporate Manslaughter

There are also government proposals to reform the law in England and Wales on involuntary

manslaughter and introducing a new offence of corporate killing so that management failings

could lead to prosecution where there is conduct ‘far below what can reasonably be expected

which causes death.’


The company would be liable regardless of whether:

i. the immediate cause was an e/ee or an independent contractor

ii. there was a responsible individual within the company