First company convicted for Corporate Manslaughter

Wednesday, 02 March 2011 00:00

A 27 year old employee had been taking soil samples from a trench on a building site in Stroud when the trench collapsed and he was killed. The prosecution was based on the company's failure to take all 'reasonably practicable steps' to protect their employee. The case was heard by a jury at Winchester Crown Court and lasted for 3 weeks.

The company's only director, Peter Eaton, was originally charged under the Health and Safety at Work Act and the Corporate Manslaughter Act 2007, but proceedings against him were stayed on the grounds of his ill health.

The fine was reduced because of the very small size of the company and its financial difficulties. The CPS have agreed that payment can be spread over a 10 year period.

Businesses should review this decision and give careful consideration to their working practices. The maximum penalty of an unlimited fine could do untold damage to any company whatever its size and financial situation.