Wednesday 23rd February 2011
"I hope that this conviction offers his family some sense of justice. I send them my sincere condolences once again."
The CPS told the court that Mr Wright was left working alone in the 3.5 metre-deep trench to 'finish-up' when the company director left for the day. The two people who owned the development plot decided to stay at the site as they knew Mr Wright was working alone in the trench. About 15 minutes later they heard a muffled noise and then a shout for help.
The case was investigated by Gloucestershire Constabulary and supported by the Health and Safety Executive.
Cotswold Geotechnical Holdings was sentenced on Thursday 17 February 2011.
Sentence
Wednesday 19th January 2011
From the above date, all air conditioning systems with a cooling (or heating) capacity of greater than 12kW requires to be surveyed and reported upon. This is a reduced threshold from the previous 250kW and when completed, the survey findings last for 5 years. It is also accompanied with a recommendation report which can identify ways to operate the system more effectively and thus save operating costs. At this time of the year this is uppermost in many of our minds.
The capacity is the total system cooling capacity taking into account all units and the significant lowering of the size will include many small packaged units, such as may be purchased from electrical retailers on the high street.
This legal requirement to have the efficiency of air conditioning systems assessed fulfils part 4 of the regulations, which also contribute to the Government's strategy to meet its climate change targets.
If you would like further information or require this service, please e-mail or call us on 01491 578759.
Monday 27th September 2010
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EMPLOYERS LIABILITY: INTRODUCTION OF THE EMPLOYERS LIABILITY TRACING OFFICE (ELTO) - APRIL 2011
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Background
Since 1999 the ABI and insurance industry have operated a voluntary code of practice (ELCOP) to search for historical Employers Liability policy records, in order to help claimants find the insurer of their former employer when seeking to claim compensation for a disease/injury caused at work.
Whilst this facility has enjoyed a degree of success, it is recognised that a more effective tracing solution is required and consequently the Employers’ Liability Tracing Office (ELTO) was set up in April this year to establish a central database (ELD) to store the required information from all member insurers.
Timescales
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Currently, all EL insurers are invited to join on a voluntary basis. In early 2011 it is expected that the FSA will introduce compulsory regulations for all EL insurers in the UK to publish EL data by either becoming a member of a tracing office (such as ELTO) or by publishing their data on their own website.
ELTO’s members will be required to supply policy data to the ELD on all new and renewed EL policies from 1st April 2011. The ELD will be accessible for claimant searches from this date via www.elto.org.uk.
To help improve future searches, additional information such as all subsidiary names and the Employer Reference Number for the policyholder will be required. Members will start to collect this information from brokers from April 2011.
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Next steps for you
In order to ensure that a comprehensive database is compiled as quickly as possible, it is up to the industry to work together. This initial communication is to raise awareness of ELTO and its aims. You will be hearing more in the coming months in respect of the actions that you will need to take to ensure that the ELD works effectively.
This information, along with all future updates regarding ELTO, will be available here.
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Wednesday 30th September 2009
Cotswold Geotechnical Holding (CGH) has become the first company to be prosecuted under new Corporate Manslaughter legislation following an incident in which an employee was crushed to death. Junior Geologist Alexander Wright who had worked for the company for two years, was taking soil samples inside a pit as part of a site survey when the sides collapsed crushing him to death.
The Corporate Manslaughter and Corporate Homicide Act was introduced in 2007 to make companies liable for deaths that result from a general breach of the duty of care that the firm has to both its employees and the public. CGH director Peter Eaton has been charged with gross negligence, manslaughter and an offence contrary to section 37 of the Health and Safety at Work Act 1974; he faces charges both as an individual and on behalf of the company. The case has been referred to Bristol Crown Court by Stroud Magistrates for a preliminary hearing.
If found guilty, the company could face an unlimited fine and a publicity order forcing them to widely publicise their conviction. If the director is convicted he could face imprisonment. The maximum sentence for gross negligence manslaughter is life, while a conviction under Health & Safety legislation could mean a maximum of two years under a recent amendment which came into force in January.
Wednesday 29th October 2008
The new rules (outlined in the Employers’ Liability [Compulsory Insurance] [Amendment] Regulations 2008) have also removed the requirement to retain policy certificates for a period of 40 years.
Some concerns were raised during the consultation process that removing the requirement to store the certificates for 40 years would make it harder for employers to identify the appropriate insurer when making claims for ‘long-tail’ diseases. However, it was concluded that there were alternative ways to trace old insurance policies that did not involve the retention of certificates.
The amended Regulations do not, of course, affect the fundamental requirement on employers to have employers’ liability insurance providing at least £5m of cover.
Thursday 2nd October 2008
In the light of the extraordinary developments in the financial markets AIG Inc. announced overnight that it had secured financial support from the Federal Reserve Bank of New York to resolve liquidity constraints. With regards to AIG UK Limited:
- AIG UK’s ability to pay claims and to protect companies and consumers in the UK and around the world is undiminished
- AIG UK Limited is a stand alone UK regulated insurance company, separate from any other AIG Group legal entity. As a separate company AIG UK retains assets and capital to meet its UK policy obligations ensuring continued protection for its policyholders
- AIG UK Limited is regulated by the Financial Services Authority. It maintains capital in excess of £900 million which exceeds the regulatory requirement and complies with all applicable regulatory requirements
- AIG UK Limited maintains strong liquidity and generates significant positive cash flow
- AIG UK’s financial strength ratings as at 16th September 2008 are A+ from S&P, A1 from Moody’s and AA- from Fitch (ratings “watch negative”)
Lex Baugh
Managing Director, AIG UK Limited
Wednesday 16th January 2008
Tel: 01491 578 759
- Ann Manning Extension 201
- Richard Wright Extension 207
Saturday 1st December 2007
As companies all over the country start to organise this year’s Yuletide festivities employers should ensure their celebrations aren’t going to discriminate on grounds of religion. It may sound like a potential minefield, but very few tribunals arise as a result of Christmas parties.
Nevertheless, employers should think carefully about how to approach the office party which traditionally revolves around alcohol. This could fall foul of the Employment Equality (Religion or Belief) Regulations 2003, so employers need to be sensitive to all of their employees’ beliefs. Muslim
workers, for example, might be reluctant to attend a party that involves copious alcohol consumption.
Reports last year claimed that employers were cancelling Christmas celebrations for fear of tribunal action, but draconian measures aren’t necessarily the way forward and allowing alcohol at Christmas parties is unlikely in itself to cause problems.
Problems could arise, however, where excesses lead to bad – even threatening – behaviour. Employers can minimise discontent by organising celebrations designed to include all members of staff.
With regard to office closures over the festive season, employers are within their rights to incorporate such bank holidays into employees' annual holiday entitlement, but this must be written into staff contracts of employment and subject to the minimum holiday requirement.
Unless an employee's contract says otherwise, an employer can specify in advance any period in which their staff may, or may not, take holiday. The legal requirement is at least twice as many days in advance of the start of the period of leave – so if you want staff to take 28, 29 and 30 December as holiday, you must tell them six days before, on 22 December.
Employers could also find it difficult to enforce a shut down without a commercial reason. Of course, if the office is closed, there is nothing unlawful about requiring employees to use their annual leave entitlement to take time off work as long as you give them sufficient notice. Religious discrimination laws are far more likely to be used by religious employees who are not permitted to take leave during a religious festival that has significance for them.
Tuesday 30th October 2007
The former chief executive of the Independent Insurance Michael Bright (62 years) which collapse in 2001 started a seven year jail sentence this week.
Judge Geoffrey Rivlin when sentencing Bright said he was the "architect and driving force" in covering up the company's finances and he "corrupted a lot of people along the way". Bright was also disqualified from being a company director for 12 years.
Dennis Lomas former finance director was sent to jail for four-years together with the ex-deputy managing director Philip Condon who received a three-year sentence after they too were convicted of conspiring to defraud fellow "directors, employees, actuaries, auditors, re-insurers, shareholders, policyholders and others by dishonestly withholding claims data". Lomas and Condon were also disqualified for being a company director for 10 years.
18th October 2007
(article issued by the Association of British insurers 18 october 2007)
Insurance companies are uncovering and preventing fraudulent insurance claims worth over £1 million every day according to latest research from the ABI (Association of British Insurers). The ABI’s latest research into general insurance fraud reveals that:
Insurers are uncovering and preventing fraudulent claims worth £480 million a year, or £1.3 million every day. This is three times the amount detected in 2003.
One in 11 claims - around one million - are in some way fraudulent. Of these 85% involved exaggerating the value of a genuine loss.
Nearly a half of all detected fraud was on household insurance. Typical scams exposed include deliberately damaging carpets then claiming the damage was caused accidentally.
Nick Starling, Director of General Insurance and Health at the ABI, said:
“Fraudulent insurance claims cost £1.6 billion, and add £40 a year to the premiums paid by honest customers. But the industry is fighting back. Insurance cheats are more likely to be caught than ever before. And cheats will pay a high price as future insurance and credit will be more expensive and harder to obtain.”
Some of the more unusual fraudulent claims uncovered by insurers include:
- A man claimed for ‘recovery expenses’ following a heart attack he suffered while on holiday in West Africa, which was for the services of a local brothel!
- A woman reported her husband for exaggerating his injuries following a car accident hours after he left her having collected a £385,000 compensation settlement.
- A keen amateur footballer claimed to be unable to work following a back injury. His fraud was exposed when a local newspaper carried his picture after he was named as his local football club player of the year.
- A cash-strapped policyholder pushed his car over a cliff then claimed it had been stolen so he could pay his debts.