1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. Corporate Manslaughter: an update
Sentencing recommendations:
publicity order
fine of % of turnover
Institute of Employment Rights Quality of Working Life Wednesday 6th February 2008

10. 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