Essay
Unit 26 Bouchure 2021/22
- Institution
- PEARSON (PEARSON)
Business level 3 UNIT 26
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Corporate Manslaughter-corporatemanslaughter was introduction by the
Home Secretary John Reid on the 20th July
2006, it was to impose criminal
Relevant duty of care-it means that the
responsibility on company or organization company or organization have to take legal
responsibility of a person or group avoid any
to be held responsible for the deaths
caused by serious safety failures. A case behaviors that could lead to cause harm to
others. For example, manufacturers owe a duty
which involves corporate manslaughter is
the ‘Piper Alpha’ in which a large accident of care to consumers in making sure that their
products are safe for public use, where take all
occur because of the lack of safety
precautions, unfinished work on the backup CORPORATE reasonable measures necessary to prevent
activities that could result in harm to other
gas pipes led to an explosion that killed 167
in 1988. MANSLAUGHTER individuals and/or their property.
Qualifying organization- it is the
states that the offence applies to the
following types of organization, which are a
corporation, a government department, a Gross breach- Gross breach is sort of the
police force, a partnership, or a trade union same as relevant duty if care where by the jury
or employer’s association, that is also an must consider in determining whether there has
employer. been a gross breach of duty. For example
whether the defendant failed to comply with any
health and safety legislation; if so, how serious
that failure was; how much of a risk of death the
failure posed; the extent to which the evidence
shows that there were attitudes, policies,
systems or accepted practices within the
Senior management a
organization that were likely to have
substantial element of the encouraged any such failure and the contents
breach- this part of the legislation of any health and safety guidance that relates to
ensures that organization would not be held the alleged breach.
liable for management failures occurring
solely at a relatively junior level because it
would not be fair to hold the corporation as
a whole responsible for the offence which
was due to failures solely at a low level in
the organization.
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