New Corporate Manslaughter Regulations in force

The Corporate Manslaughter and Corporate Homicide Act 2007 came into force on 6 April 2008 and will give rise to the new offence of corporate manslaughter.

Corporate manslaughter (or corporate homicide in Scotland) will be committed by an organisation when it manages or organises its activities in a way which causes a personís death. In other words, it will be the involuntary killing of an individual due to the negligence of an organisation.

Both employment agencies and employment businesses are caught by the provisions of the Act as is any corporation but arguably the implications are graver for employment businesses, particularly those supplying workers into activities such as construction where there are substantial health and safety risks.

Anne Fairweather, Head of Public Policy at the REC said: ìRecruitment companies providing workers need to be aware of the new regulations. Employment businesses need to obtain all the necessary health and safety information and pass that on to the worker.

Head of Legal Services, Belinda Brooke said: ëíRecruitment companies need to ensure that their processes for managing health and safety at work are thorough and in line with their obligations. This does not mean that consultants have to be on site personally managing an assignment, but rather that there needs to be a clear systematic understanding between the employment business and the client about how health and safety matters are identified, how risks are minimised and how matters are monitored and managed throughout the assignment.

REC members can find further information on their obligations through the REC's online legal reference guide and legal helpline



Visit: