& 
The Corporate Manslaughter and Corporate Homicide Act 2007 came into force on 6 April 2008. It created an offence that organisations, rather than individuals, can be convicted of when a death is caused by a gross failure in the way their activities are managed or organised. In England, Wales and Northern Ireland the offence is called corporate manslaughter; in Scotland it is corporate homicide.
The offence
An organisation is guilty if the way its activities are managed or organised causes a person’s death, and amounts to a gross breach of a relevant duty of care it owed to that person. The way activities were managed or organised by senior management must be a substantial element in the breach.
Key terms
| Term | What it means |
|---|---|
| Organisation | Companies, partnerships, trade unions and employers’ associations that employ people, police forces, and many government bodies. |
| Relevant duty of care | Duties owed under the law of negligence, for example to employees, as an occupier of premises, or when supplying goods and services or carrying out construction. |
| Gross breach | Conduct that falls far below what can reasonably be expected in the circumstances. |
| Senior management | People who play a significant role in decisions about how the whole or a substantial part of the organisation’s activities are managed or organised. |
When deciding whether a breach was gross, the jury must consider whether the organisation failed to comply with health and safety law and how serious that failure was. They may also consider attitudes, policies, systems or accepted practices that encouraged or tolerated the failure, and relevant health and safety guidance.
Penalties
- An unlimited fine. Under the sentencing guideline for England and Wales, fines for large organisations can run into many millions.
- A publicity order, requiring the organisation to publish details of the conviction and fine.
- A remedial order, requiring the organisation to fix the failure that led to the death.
What about individuals?
Individuals cannot be convicted of corporate manslaughter. But directors and managers can still be prosecuted for gross negligence manslaughter as individuals, and under section 37 of the Health and Safety at Work Act where an offence by the company was committed with their consent or connivance, or was attributable to their neglect. Directors can also be disqualified.
Notable cases
The first conviction under the Act was Cotswold Geotechnical Holdings in 2011, after a young geologist died when an unsupported trench collapsed. Many of the cases since then have involved small and medium sized companies, often after deaths in excavations, falls from height and vehicle incidents.
What directors should do
- Make sure health and safety is led from the top, with a named director responsible.
- Know the significant risks in the business and how they are controlled.
- Get regular, meaningful reports, including leading indicators, not just accident numbers.
- Make sure competent advice is in place. See our guide to the competent person.
- Act on audit findings, incidents and enforcement notices, and record the decisions.
- Review health and safety performance at board level at least once a year.
HSE and the Institute of Directors publish guidance, Leading health and safety at work, that sets out these principles in more detail.
Training that helps
The NEBOSH Health and Safety Leadership Excellence certificate and IOSH Leading Safely are designed for directors and senior leaders. In construction, CITB’s Directors’ Role for Health and Safety course covers the same ground. For senior health and safety professionals, the Level 7 Diploma in Strategic Health and Safety Leadership and Management covers corporate governance and strategy.
Frequently asked questions
When did the Corporate Manslaughter Act come into force?
On 6 April 2008.
Can a director go to prison for corporate manslaughter?
Not for corporate manslaughter itself, which only applies to organisations. Directors can be prosecuted individually for gross negligence manslaughter or under the Health and Safety at Work Act, both of which can lead to prison.
What is a publicity order?
A court order requiring a convicted organisation to publicise the conviction, the facts of the offence and the penalty.
What was the first corporate manslaughter conviction?
Cotswold Geotechnical Holdings Ltd in 2011.
Read the source
The Corporate Manslaughter and Corporate Homicide Act 2007, sections 1, 2, 8, 9 and 10; the Sentencing Council definitive guideline on health and safety offences, corporate manslaughter and food safety and hygiene offences; and HSE and IoD, Leading health and safety at work (INDG417). Facts checked on 6 October 2026.
Upcoming Leadership & Supervision dates
Straight from the booking system, so this block is never out of date.
Prices exclude VAT. Dates and places update automatically.
