Lockdown 3.0 - Considerations and Implications for Employers

On 4 January, the prime minister announced that the country would be going into the third national lockdown in less than a year and the advice reverted to stay at home except where absolutely necessary for limited legally permitted reasons.

Many businesses are required to close again, and workers must work from home unless this is not reasonably possible.

In this article we discuss:

• Furlough
• Shielding
• Childcare Issues
• Vaccination

Tesco Fine for Electric Shock

Tesco Stores Limited has recently been fined £536,000 by magistrates after a 10-year-old child got an electric shock in its branch in Warfield, Bracknell.

The supermarket giant was sentenced at Reading Magistrates Court on 15 December having pleaded guilty to two health and safety offences.

Tesco was prosecuted following an investigation by officers from the Public Protection Service, working on behalf of Bracknell Forest Council.

Forbes Act in High Profile ICO Prosecution- Criminal Data Protection Breaches - Conspiracy

Craig MacKenzie has recently acted for an individual charged with breaches of data protection law brought before the Manchester Crown Court. The case has received a significant amount of media interest and highlights the significance of data protection law and the potential consequences of criminal prosecution.

Craig MacKenzie led the multi-disciplinary regulatory team in this case and was assisted greatly by 'up and coming' trainee solicitor Katie Lee and POCA lawyer Kieran Kennedy.

HSE Update - Theme Park Fined After Child Seriously Injured on a Ride

Lightwater Valley Attractions Ltd was fined following an incident where a child was thrown from its Twister ride.

On 30 May 2019, a child was ejected from the Twister ride at Lightwater Valley Theme Park in Ripon, North Yorkshire resulting in serious head injuries.

An investigation by the Health and Safety Executive (HSE) found that although the theme park's procedures for the Twister ride stated that those between 1.2m and 1.5m tall must wear seat belts, several children under 1.5m in height were not wearing seat belts on this ride.

HSE Roundup for November 2020 - Proper Planning of Work

Each month we review the HSE prosecutions to bring to you cases of interest that might be of relevance to your workplaces. This article focuses on the need for proper planning of work.

• Construction firm fined after worker was seriously injured
• Company and director fined after incident leaves worker paralysed
• Company fined after subcontractor falls from height

A Focus on Mental Health and The Annual Health & Safety Report

The HSE have released their annual report to include health and safety statistics for Great Britain for 2019/2020. The statistics have been compiled with assistance from the Labour Force Survey.

The headline figures shows that there were:

• 111 fatal injuries at work
• 1.6 million working people suffering from work-related illness
• 0.8 million working people with work-related stress, depression or anxiety
• 0.5 million working people with work-related musculoskeletal disorder cases
• 0.7 million workers sustaining a non-fatal injury
• 65,427 non-fatal injuries to employees reported via RIDDOR
• 12,000 lung disease deaths each year estimated to be linked to past exposures at work

Cheshire Council Fined After Child Falls From Height

Cheshire West and Chester Council received a substantial fine after a young child fell almost three metres to the floor from a gap in railings, sustaining serious head injuries.

Chester Magistrates' Court heard how on 16 November 2018, a family was visiting Chester City centre to watch the Christmas parade. While standing at a viewing point on The Rows at Bridge Street, their 21-month-old daughter fell through a gap in the railings onto the floor below, resulting in a fracture to her skull.

An investigation by the Health and Safety Executive (HSE) found that one of the spindles on the railings had been missing since at least May 2017, leading to a significant gap (22cm) in the physical protection of the railings

HSE Roundup for November 2020 - Adequate Training

Each month we review the HSE prosecutions to bring to you cases of interest that might be of relevance to your workplaces. This article focuses on the need for adequate training.

• Scaffolding company fined after scaffolding collapsed
• Waste recycling company fined after employee fatally injured
• Building contractor fined following dumper truck incident

Meet The Team

Craig MacKenzie, Senior Associate, Crime

Craig specialises in criminal defence, regulatory and business crime and is a member of the Criminal Litigation Accreditation Scheme. He also has a degree in Forensic and Biomolecular science.

Craig is an extremely experienced trial lawyer and has an excellent track record of securing acquittals. He has successfully defended a broad spectrum of clients, including companies and directors. He has secured hundreds of acquittals before Magistrates Courts personally and before Crown Courts as a litigator with instructed counsel. 

He also advises companies in relation to regulatory investigations and proceedings and is regularly instructed in cases prosecuted by Trading Standards, The Health and Safety Executive, and The Environment Agency. His recent cases include prosecutions brought by The Pensions Regulator, The Insolvency Service and The Information Commissioners Office. He often works within bespoke multi-disciplinary teams servicing the needs of our corporate clients.

He has successfully defended professionals in proceedings brought by regulators and can assist in cases brought by the, General Dental Council, General Medical Council, and Solicitors Regulation Authority.

"Mr MacKenzie was very quick to assist me with his knowledge and made sure I understood particular things that I was previously confused about. Mr MacKenzie did an outstanding job and he enabled me to have a fair hearing at trial, safe to say I got the verdict that I wanted which was all thanks to Craig for his professional and courteous service."

craig.mackenzie@forbessolicitors.co.uk | 01772 220 022

What webinars, podcasts and further information would help you?

Are there any topics you would like us to cover in an online webinar, Q&A session, podcast or article?

Let us know at events@forbessolicitors.co.uk