Civil and criminal liability for health and safety breaches

Updating author: Howard Fidderman

XpertHR editor: Laura Merrylees

Summary

• Employees who are injured or made ill at work may be entitled to sue their employer for compensation. (See Civil claims)
• Employers must take out insurance to cover compensation awarded to employees in civil cases. (See Insurance)
• Employers owe a criminal law duty to their employees to ensure, so far as is reasonably practicable, their health, safety and welfare. (See Criminal liability)
• Health and safety inspectors have wide powers to enforce health and safety legislation. (See Inspectors)
• Inspectors may serve employers with improvement notices and prohibition notices. (See Enforcement notices)
• An employer may be prosecuted for breach of a statutory duty in the criminal courts. (See Prosecution of an employer)
• The authorities can prosecute organisations under the Corporate Manslaughter and Corporate Homicide Act 2007. (See Corporate manslaughter)
• An individual person may be prosecuted in the criminal courts for health and safety breaches. (See Prosecution of an individual)