Penalties for employers include a fine, or, in some cases, imprisonment or losing the right to be a company director. The Health and Safety Executive (HSE) names and shames employers guilty of criminal offences.
In 2008, the Corporate Manslaughter and Corporate Homicide Act 2007 came into force. This Act is supposed to make it easier to prosecute companies and other large organisations when serious failures in health and safety management have caused a death.
Sentencing guidance published in February 2010 said that fines for organisations found guilty of corporate manslaughter should be measured in millions of pounds, and should generally not be below £500,000. However since the Act came into force, fines have not reached the multimillion pound levels anticipated.
In 2015, building firm Linley Developments was convicted of corporate manslaughter and fined £200,000, plus costs of £25,000, after it was sentenced for the corporate manslaughter of a worker who was crushed when a structurally unsound retaining wall collapsed.
A consultation carried out by the Sentencing Council has proposed a more consistent approach to sentencing on corporate manslaughter and has recommended that fines go up to £20 million depending on the organisation’s turnover.
Up to January 2016, there had only been around a dozen successful prosecutions for corporate manslaughter.