Corporate Manslaughter Act is Coming

April 2006

UK fleet managers are gearing up for the new Corporate Manslaughter Act. This will hold companies to account for failing to take reasonable care for the safety of their employees or members of the public.

The new law is widely regarded as being particularly applicable to employees driving on business.

The Government has made it clear that it wants a 40% reduction in the number of people killed or seriously injured in road accidents by 2010. Up to a third of these are believed to be fleet drivers, in spite of the fact that they make up only one-tenth of all drivers.

Back to Company Cars

Surveys reveal that fleet managers are taking note: the number 1 priority for 2006 is health and safety / the duty of care responsibility for drivers.

As a result, many firms are trying to persuade cash-for-car-drivers who opted out to return to traditional company car schemes. The reasoning is that when drivers are in a company provided car they are far more likely to be within health and safety guidelines. Too many firms find it difficult to keep track of the roadworthiness of cars their employees use for business.

Another major result of the new legislation is the massive growth of fleet risk management. Closely connected to this is the burgeoning of online assessments of drivers and the associated driver training as employers try to prove their duty of care to employees.

Free Bonus

All-in-One Leasing has also responded to corporate concerns by offering new fleet
customers a duty-of-care launch package. This involves a full risk management MOT for the first year as a free bonus.

The Corporate Manslaughter Act will update existing laws on corporate killing. It focuses responsibility on the working practices of an organisation, as set by senior managers, rather than limiting eligibility to questions of gross negligence by company bosses. The criminal liability of individual directors will not be affected by the proposals.

Once approved by Parliament, the new law will lead to the prosecution of companies whose gross failure at management level results in a fatality. Guilty firms will be subject to unlimited fines.

Top