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From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
On 3 March 2023, DH Willis & Sons Limited and company directors Timothy and Mark Willis were
sentenced following the death of an employee, and family member, Henry Willis. The company
was convicted of corporate manslaughter and fined £335,000. The company directors, who both
pleaded guilty for failing to discharge the duty of general health, safety and welfare to an
employee, each received suspended sentences.
On 22 February 2023, FDS Waste Services (“FDS”) and company director, Philip Pidgley, were sentenced, respectively, to a £640,000 fine and six months suspended prison sentence, following their convictions for corporate manslaughter and offences under the Health and Safety at Work Act etc. 1974 (HSWA).
Investigations undertaken by universities are not criminal proceedings, even if they are looking into conduct that may be capable of amounting to a criminal offence. A disciplinary process is an internal, civil matter which deals with a potential breach of the University’s rules/code of conduct. Conversely, a criminal process is an external procedure outside of the University’s control, and will consider whether the student complained of has committed a criminal offence.
Webberley v General Medical Council [2022] 12 WLUK 209 - A doctor’s appeal against the finding of the Medical Practitioners Tribunal (MPT) was dismissed. The court concluded that the MPT had acted reasonably in the refusing the doctor’s application to adjourn, as the doctor had not discharged the burden demonstrating that he was unfit to participate in proceedings.
The Fire Safety (England) Regulations 2022 come into force today, introducing new duties under the Fire Safety Order for responsible persons.
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