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Directors & Managers

You can be personally prosecuted.

Are you aware that under section 37 of the Health & Safety at Work Act 1974 you as a Director or Manager are liable and can be personally prosecuted. This also applies to Partners and Sole Traders. This comes into play where the ' Corporate Body ' ( normally the employer) has breached the act, and this breach is due to negligence, consent or connivance of a Director or other Senior Manager. These two conditions being met means both the employer and the individual will be liable. However this section does not just apply to board directors ( the Act mentions Directors, Officers, Managers and Secretaries ). This section also applies if you turn a blind eye to unsafe behaviour ( connivance ) or you do not ensure hazards were properly managed ( neglect ).


The most common penalties are fines that can be up to £20,000. However the fine is unlimited if the case goes to the Crown Court. Imprisonment of up to two years is also applied to the most serious cases.


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