What is gross negligence manslaughter?
Gross negligence is when the most likely cause of an individual's death is a direct result of negligent action, or failure to maintain a safe workplace.
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Who investigates deaths at work?
Work related fatal accidents are initially investigated by the police to determine whether the criminal offences of murder or gross negligence manslaughter may have been committed.
While murder involves a deliberate planned act an accidental death may be the result of gross negligence manslaughter.
Unlike the offence of corporate manslaughter gross negligence manslaughter is an offence with personal responsibility and liability.
What is the charge of gross negligence manslaughter?
The penalty may be a fine (potentially unlimited) or a prison sentence. In order to sustain a case of gross negligence manslaughter the prosecution has to prove that:
The person charged with the offence owed a duty of care to the deceased.
There was a breach of that duty of care which;
Caused (or significantly contributed) to the death of the victim;
And the breach was grossly negligent.
Any director, manager or supervisor could be charged with gross negligence manslaughter if these four conditions are met.
Get expert advice on gross negligence manslaughter from Peninsula
Peninsula offers expert advice on gross negligence manslaughter. Our teams offer 24/7 HR advice which is available 365 days a year. We take care of everything when you work with our HR experts.
Want to find out more? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.
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