Health and safety
Accidents at work are serious and can result in heavy fines, lost productivity and, at worst, imprisonment. From injury compensation claims to prosecution for corporate manslaughter, your organisation and management team are at risk. Our expert team of lawyers understands the complex and reactive nature of health and safety investigations and provides proactive risk management advice.
We recognise that reputation and livelihoods are often at stake following serious incidents. We are usually involved in the days and even hours after an incident to support clients and their staff through the stressful and challenging stages of a health and safety investigation.
We advise across the full spectrum of investigation and prosecution dealing with police and regulator requests for disclosure, internal investigations (legal privilege), interviews under caution and subsequent representation before the criminal courts.
We also advise clients in respect of policy reviews and are regularly involved in training delivered to staff at senior and junior levels in the organisations that we represent.
What we do
- Our clients - large public and private sector client base.
- Sector expertise – construction, manufacturing, retail, health care providers (trusts and private care providers), local authorities and government departments, housing associations, schools, universities and colleges.
- In-depth knowledge of key legislation - analysis of the criminal and regulatory implications of a workplace accident as well as bespoke legislation dealing with matters such as fire safety and care quality regime.
- Experienced team of 12 - based in Nottingham, Birmingham, London, Manchester and Exeter but advising nationally, combining criminal lawyers and barristers. We work closely with our civil colleagues in respect of the claims that often follow or accompany accidents and incidents.
- Proactive risk management approach - from drafting policies to review of existing health and safety procedures.
- Front line telephone advice - and immediate attendance on site.
- Bespoke training - seminars and bulletins on a wide range of health and safety matters.
"The advice given by the team is tailored to meet the particular legal issue as well as the client’s individual circumstances."
Featured experience
Hospital trust: deaths of multiple mental health patients
Advising and representing a hospital trust investigated following the deaths of multiple mental health patients. Representing the trust in subsequent prosecution brought by the Health and Safety Executive for a failure to manage fixed ligature risk. Advising in respect of expert evidence, plea, Trust finances and presentation of mitigation before High Court Judge.
Local authority: division of health and safety responsibilities between the authority, and third parties
Advising a local authority in connection with its broad portfolio of properties and the division of health and safety responsibilities between the authority, and third parties, in particular tenants and third-party contractors responsible for maintenance. Portfolio of almost 2,000 properties, detailed advice provided in connection with asbestos, fire, water, gas and electricity. Advising as to general health and safety principles, specific detail of legislation, and supporting guidance and approved codes of practice.
Contractor suffering serious head injury
Contractor suffering serious head injury when trapped by the neck when operating a telehandler. Full and detailed investigation by the Health and Safety Executive and subsequent prosecution. Significant work required in preparation for trial including witnesses and court bundles. Instruction of Counsel and considerable work with Counsel in preparation for case.
School: case of E. coli
Advising a school following a case of E. coli at the school. Allegation that it was caused by animals kept at the school. Advising in respect of interview under caution and subsequent prosecution. Representing school before Magistrates Court and preparing detailed mitigation for sentencing exercise.
Testimonials
"You've been a wonderfully calming influence and have taught me a great deal about what is required in a situation like this and how to approach things … if I ever should need to I feel much better equipped now in how to handle things smoothly and correctly."
“Many thanks Andy … for your continued assistance and guidance with this matter. Was really good to have you on board and thanks for the collaborative working approach."
"Thank you so much to you and your team … it’s such a relief."
Key contacts
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Stephanie McGarry
Partner
Dale Collins
Partner
Andrew Hopkin
Partner
Rachel Lyne
Partner
Nigel Lyons
Partner
Carl May-Smith
Barrister (Partner)
Daisy May Coster-Hollis
Associate
Krishna Pancholi
Associate
Helen Simm
Partner
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