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Freedom of Information Sheds Light on Surge of Corporate Manslaughter Cases in SMEs

Freedom of Information Sheds Light on Surge of Corporate Manslaughter Cases in SMEs

Written by

Jamie

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Corporate Manslaughter Hits the Small‑Business Club

What’s the scoop?

  • Four tiny firms (plus their owner‑managers) have been charged with corporate manslaughter in the past few months.
  • Three of those companies also see their directors or senior managers hauled into court.
  • The Crown Prosecution Service (CPS) has been turning the heat on these offences, with 63 investigations in 2012 and 45 the year before.
  • Banks on the bar have 141 corporate‑manslaughter cases open; more than half are now in the pipeline for actual prosecutions — and most of them involve small outfits.

    • Why the tiny ones are the prime targets

    Lee Hughes, a health‑and‑safety guru, says small businesses are tricky because the law is built around them.Imagine the big companies as a sprawling city with many layers of bureaucracy; the CEO is just a high‑floor executive, miles away from the ground truth.In a small firm, the boss is on the coffee machine — literally nearby. So when something goes wrong, it’s easier to point the finger at the top.

    The legal toolbox

  • The Corporate Manslaughter Act gives a statutory offence:
  • A company can be convicted if it breaches a duty of care that leads to a death.
  • The death must be caused by a gross breach of that duty.
  • Senior management had to play a substantial part in that failure.

    • Real‑world cases that sent shivers

    Company Charge Notable details
    Mobile Sweepers (Reading) Ltd. Corporate manslaughter The sole director, Mervyn Owens, faces a pending charge of gross‑negligence manslaughter.
    Prince’s Sporting Club (Middlesex) Corporate manslaughter Director Frederick Glen Walker also charged under the Health and Safety at Work Act 1974.
    MNS Mining Ltd. Corporate manslaughter (four charges) Four miners died in 2011 at the Gleision Mine in Swansea. The plant’s manager, Malcolm Fyfield, is on trial for gross‑negligence manslaughter.
    Norfolk Garden Centre / Belmont Nursery (PS & JE Ward) Corporate manslaughter Less than 50 staff. The fire‑electric mishap: a tractor hit a power line, killing an employee.
  • Bam!* These are all small firms, and each case showcases how the law can catch up when safety slips.

    • Bottom line for all businesses

  • Large firms are usually happy to follow the Health and Safety Executive (HSE) and Institute of Directors (IoD) guidance.
  • Small firms, however, might lack the resources or simply don’t know they’re supposed to be following these rules.
  • Lee Hughes warns: “If you’re a small business, you’re more exposed to corporate‑manslaughter claims. The CPS is on the case, and it’s not going to wait.”
  • His advice?*

    • Get compliant.Put processes in place for health and safety.Avoid those tragic and costly court villains that come after a fatal mistake.It may feel pricey, especially when every penny counts. But the cost of a human life is far greater.

  • And a chuckle to ease the blow: “Small companies can still be big dangers — just remember, you’re not just dealing with the book‑keeper, you’re dealing with the entire company.”*
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