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The Institute of Hospitality has published a guide for hospitality managers on ‘The Corporate Manslaughter and Corporate Homicide Act 2007’, which comes into force on 6 April 2008. The Act introduces a new offence, and therefore a new potential criminal liability, for organisations and companies where serious failures in the management of Health and fSafety (H&S) result in a fatality.
“The Institute’s latest management guide has been designed to help managers understand the Corporate Manslaughter and Corporate Homicide Act, which introduces a new aspect to the management of health and safety for all businesses,” said Institute of Hospitality Chief Executive Philippe Rossiter FIH. ”Companies and organisations can now be found guilty of corporate manslaughter as a result of a gross breach of a ‘duty of care’.
“The Act not only requires the protection of employees, but also the protection of customers who – similar to staff – are owed a duty of care. It is, therefore, vitally important that hospitality owners and managers are made fully aware of the implications of the Act on their businesses and organisations.”
Under the Act, liability will rest with the corporate body and not with individuals. Corporate bodies and individuals, however, can still be prosecuted for separate H&S offences under the legislation such as the Health and Safety at Work Act 1974, and associated regulations. The liability, therefore, of directors, board members or other individuals – under H&S law or general criminal law – will remain unaffected. Crown Immunity under the existing common law of corporate manslaughter is largely removed by the Act, but the new Act does still exempt some public policy decisions and the exercise of core public functions.
The Institute’s new management guide examines the scope of The Corporate Manslaughter and Corporate Homicide Act 2007; and outlines liabilities, responsibilities, penalties, as well as provides some answers to key questions – such as ‘who is covered by the new Act?’ Also included are hospitality-specific case studies and a section on areas of risk for hospitality businesses; as well as a quick checklist to help organisations review, update and improve their H&S systems, which may reduce liability under the Corporate Manslaughter Act.
Theodore is the Co-Founder and Managing Editor of TravelDailyNews Media Network; his responsibilities include business development and planning for TravelDailyNews long-term opportunities.
