Dissertation Work: Corporate Manslaughter in the UK - page 29
Keywords: Corporate Manslaughter in the UK: Are there enough laws in place to say that the deaths are crimes and not accidents?
By artclub on 14/08/2010
Level: Master's degree (MA, MBA, MSc, MEng, MRes, MPhil etc)
Page Number: 29 of 44 pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44
manslaughter refers to death incurred because of negligence on the end of organisations. Throughout the given history in the previous chapters, it is clear that certain precautions must be made to ensure that the lives of workers and employees alike will not be compromised.
The Corporate Manslaughter and Corporate Homicide Act 2007 was given Royal Assent and was promulgated two years ago. Yet despite this, there are still instances wherein corporate manslaughter was left uninvestigated. There is much opposition against the Act. Since the new Act focuses on corporations as a whole, there are those whose wish to see the criminals behind their loved ones’ deaths are made responsible would have to sleep knowing that the criminals are safe. This and so much more are being said about the current law, which is why the researcher thought that this study is being arranged in the proper time.
3.5 A review of previous research on the subject
A literature review of the subject shows that studies has been made in this direction. The literature review made show that the current laws which are in place to protect the rights of the workers are the Corporate Manslaughter and Corporate Homicide Act 2007, Health and Safety Offenses Act 2008, and Management of Health and Safety Work Regulations 2006. Aside from these three laws, there are also regulatory bodies such as the Health and Safety Executive, which monitors and sets the standards for the safety and health services of a company. There are also civil laws which ensure that corporations are not negligent of the safety and health issues of their workers.
The organizations would have to properly compensate their employees for the damages incurred should they be proven to be negligent in terms of their workers’ safety. Each company proven to be guilty of corporate manslaughter will have to pay hefty fines; will have remedial orders to fix whatever malfunctioning body or machinery which caused their workers’ death, and to publicize the court orders so that the rest of the citizens would be aware of what happened. Perhaps among the three penalties, the hardest of which to face is the publicizing of the case, since it would affect all those who are concerned with the company, including its stakeholders, clients, customers, and other employees.
3.6 Lessons learned from the study
The Corporate Manslaughter and Corporate Homicide Act 2007 only consider death cases as corporate manslaughter. The
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