Pump Court Chambers

Richard Tutt represented the Health & Safety Executive

News 29th September 2016

Richard Tutt represented the Health and Safety Executive at a Newton hearing and then sentence before HHJ Taylor at the Crown Court at Southwark. Montway Ltd had pleaded guilty to s.2 HSWA 1974 (failing to conduct its undertaking in such a way as to ensure the health, safety and welfare of its employees) but amongst other things denied that its breach was causative of a Romanian employee at its demolition site falling 5 metres from a roof, fracturing his spine. The Newton hearing was successfully prosecuted. Causation was proved. It was found that scaffolding should have been used, failing which a properly assessed and implemented system using harnesses. Montway Ltd’s system of communication to its workers was found to have been “casual to the degree of irresponsibility”, “part of the bigger picture of a lax and casual approach to health and safety at work and towards the welfare of its employees”. Montway Ltd was sentenced on the guidelines in force since February and fined £144,000 and ordered to pay costs of £44,000.

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