Marta Tomlinson
Solicitor
Shakespeares LLP
What is Leadership?
•
Dictionary definition of leadership:
NOUN
•
1. the position or function of a leader, a person who guides or directs a group:
He managed to maintain his leadership of the party despite heavy opposition.
Synonyms: administration, management, directorship, control, governorship, stewardship,
hegemony.
•
2. ability to lead:
As early as sixth grade she displayed remarkable leadership potential.
Synonyms: authoritativeness, influence, command, effectiveness; sway, clout.
•
3. an act or instance of leading; guidance; direction:
They prospered under his strong leadership.
•
4. the leaders of a group:
The union leadership agreed to arbitrate.
First Rule of Leadership……….
The Current Law
Health & Safety at Work etc Act 1974 & Regulations
• Ensure the health, safety and welfare of employees and
others in so far as reasonably practicable
• Risk assess and review
• Appropriate arrangements for work
• Carry out audits
• Appoint competent persons
• Inform employees
Directors Responsibilities
“In my
country we
go to prison
first and then
become
president”
Director Responsibility
Section 37 Health & Safety at Work etc… Act 1974
Where an offence under any of the relevant statutory
provisions committed by a body corporate is proved to
have been committed with the consent or connivance
of, or to have been attributable to any neglect on the
part of, any director, manager, secretary or other
similar officer of the body corporate or a person who
was purporting to act in any such capacity, he as well
as the body corporate shall be guilty of that offence
and shall be liable to be proceeded against and
punished accordingly.
Director Responsibility
Common Law
Manslaughter
Corporate Manslaughter
Defendant
(Director/Manager) owed a
duty of care to the
deceased
The way in which a
company’s activities are
managed or organised
Breach of that duty of care
Causes a persons death
Breach was grossly
negligent
Amounts to a gross breach
of a relevant duty of care
owed to that person
Corporate Breaches
R v Lion Steel Equipment Limited [2012]
R v J Murray & Son Ltd [2013]
Punishment
“a real leader
faces the music
when he doesn’t
like the
tune”
Arnold H
Glasgow
Punishment
•
•
•
•
•
•
•
•
•
•
Custodial sentence
Criminal record
Fine
Loss of employment
Loss of reputation
Stress
Disqualification as a Director
Remedial order
Publicity order
Legal / prosecution costs
Sentencing Guidelines
• How foreseeable was serious injury
• How far short of the applicable standard
• How common is this kind of breach
• How far up the organisation does the breach go
Sentencing
Aggravating features
Mitigating features
Failure to heed warnings
High level of co-operation
Cost cutting
A responsible attitude to
H&S
Deliberate breaches of
legislation
Expert advice taken
Consultation with
employees on H&S
• “Leadership is an action, not position”
Donnald
McGannon
Benefits of strong leadership
•
•
•
•
Reduced costs and risks
Improve standards
Improve reputation
Increase Productivity
Costs of poor health & safety
• Time lost to work related incidents
• Deaths from occupational diseases
• Fatal injuries received by workers everyday
How to achieve effective leadership
• Strong and active leadership from the top
• Worker involvement
• Assessment and review
Plan
•
•
•
•
•
•
Board level
Health & safety policy
Sub-committee
Who takes responsibility for this
Establish the key issues
How to communicate health & safety throughout the
organisation
Do
•
•
•
•
•
•
•
•
How health & safety arrangements will be resourced
Obtain competent health & safety advice
Risk assessments are carried out (and recorded)
Employees and representatives are involved
Visible
Management Appointments
Procurement standards
Training
Check
• Monitor and review
• Reporting
• Incident data
• Progress of training
• Audit
• New changes
• Appraisals
Act
•
•
•
•
•
•
Annual Board Review
Is it an accurate reflection?
Actions to address weaknesses
Immediate reviews
“shop floor” visits
Reward