Directors' liability for death or workplace injury

Abstract

Purpose – The purpose of this paper is to focus on the liability of directors and senior officers within organisations (primarily companies but partnerships and sole traderships are considered where appropriate) and primarily focus on workplace settings.Design/methodology/approach – Desk‐based research was carried out.Findings – The scope of the paper is confined to two major aspects of the criminal law – that of manslaughter, both statutory and at common law and also touches on the range of health and safety offences available to the courts. In terms of manslaughter, under the common law, it is gross negligence that is considered.Research limitations/implications – The paper does not attempt an analysis of forms of civil liability but does reflect on the broader relationship between responsibility of directors and company law. The debate over the responsibility of those in leading positions following death or injury to members of the workforce remains a live and problematic one. It is clearly linked to w...