Back to Ask the Shaman

Your Business

Health & Safety offences and breaches

Summary

We specialise in providing comprehensive legal representation for individuals and businesses facing prosecution for health and safety (HSE) breaches. We are experienced in advising and assisting clients to navigate the complex legal landscape surrounding workplace safety and employee well-being. * Criminal defence \- defending clients against potential penalties, such as fines, imprisonment, or disqualification from acting as a company director as a result of criminal charges such as corporate manslaughter or breach of statutory duty. * Defending civil court damages claims \- which can include personal injury claims from injured employees or members of the public and/or property damage claims. * Regulatory compliance \- assisting clients in understanding and complying with HSE regulations In the UK, violating health and safety laws can constitute a criminal offence with severe potential consequences. Penalties vary based on the severity of the breach and can include: * Fines \- companies can face substantial fines, while individuals may be subject to smaller penalties. * Imprisonment \- individuals may be sentenced to up to 6 months in Magistrates' Courts or up to two years in the.

Key information

  • Criminal defence \- defending clients against potential penalties, such as fines, imprisonment, or disqualification from acting as a company director as a result of criminal charges such as corporate manslaughter or breach of statutory duty.
  • Defending civil court damages claims \- which can include personal injury claims from injured employees or members of the public and/or property damage claims.
  • Regulatory compliance \- assisting clients in understanding and complying with HSE regulations
  • Fines \- companies can face substantial fines, while individuals may be subject to smaller penalties.
  • Imprisonment \- individuals may be sentenced to up to 6 months in Magistrates' Courts or up to two years in the Crown Courts.
  • Compensation \- the convicted party may be required to pay compensation to injured individuals or their families.
  • Remedial orders \- the offender may be ordered to rectify the breach and improve safety measures.
  • Director disqualification \- the Company Directors Disqualification Act 1986 allows courts to disqualify company directors for health and safety offenses.
  • Prosecution costs \- the convicted party may be required to cover the prosecution's expenses.
  • Corporate Manslaughter \- a company can be convicted of corporate manslaughter if its senior management's conduct causes the death of an employee or member of the public under the Corporate Homicide Act 2007 and subject to an unlimited fine.
  • Offences under the Health and Safety at Work Act 1974 \- failure to comply with health and safety regulations, with potential unlimited fines.
  • Offences under the Environmental Protection Act 1990 \- endangering human health or the environment, with potential unlimited fines.

Practical guidance

Related topics

Health and InjuryYour BusinessStarting and RunningPersonal injurySmall claimsBusiness crime and regulatory

More in this area

This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.

Health & Safety offences and breaches | Legal Shaman