The Quality of Working Life: Promoting a Healthy Agenda This equipment was donated by Thompsons solicitors The Quality of Working Life: Promoting a Healthy Agenda Wednesday 6th February 2008
Corporate Manslaughter: an update Steve Tombs Chair CCA and Prof Sociology Liverpool JMU Institute of Employment Rights Quality of Working Life Wednesday 6th February 2008
Corporate Manslaughter: an update Some positive aspects of the Act: the offence no longer only applies to companies no longer necessary to prosecute first an individual director or senior manager, in order to prosecute an organisation - possible to prosecute the organisation on the basis of the management failure of the organisation Institute of Employment Rights Quality of Working Life Wednesday 6th February 2008
Corporate Manslaughter: an update Some positive aspects of the Act: there are useful criteria to assist a jury in determining whether a management failure is ‘gross’ has raised issues of sentencing (below…) Institute of Employment Rights Quality of Working Life Wednesday 6th February 2008
Corporate Manslaughter: an update But, some of these have their own limitations: there are a number of significant exemptions that will limit the effect of the removal of crown immunity it is still necessary to link the management failure to failures at a senior manager level Institute of Employment Rights Quality of Working Life Wednesday 6th February 2008
Corporate Manslaughter: an update Two key uncertainties: how broadly will the courts define ‘senior management’? how will they interpret ‘substantial’ failure in relation to the senior manager link? Institute of Employment Rights Quality of Working Life Wednesday 6th February 2008
Corporate Manslaughter: an update Key Related Issue: Director Accountability? Resources? The Shift from Enforcement? material and ideological Institute of Employment Rights Quality of Working Life Wednesday 6th February 2008
Corporate Manslaughter: an update Aggravating factors affecting degree of culpability: failure to act upon advice, warnings etc failure to respond to employee concerns financial or inappropriate motives corporate culture of breaches Institute of Employment Rights Quality of Working Life Wednesday 6th February 2008
Corporate Manslaughter: an update Sentencing recommendations: publicity order fine of 2.5-10% of turnover Institute of Employment Rights Quality of Working Life Wednesday 6th February 2008
Corporate Manslaughter: an update the actual effects of the law are not known these remain a political issue – so pressure must continue… Institute of Employment Rights Quality of Working Life Wednesday 6th February 2008