Living in 'interesting times' - my latest TQ Legal Bulletin

Each month I send out a newsletter to subscribers, giving them an overview of the legal stories that matter to them. Read on for May's update and sign up to get next month's here.

We are still living in 'interesting times' Although the lockdown has lifted slightly, the government is facing open rebellion by some local authorities and trade unions regarding the opening of schools and the return of employees to work.

Employers are naturally concerned about inadvertently breaching health and safety regulations in regards to protecting employees when they return to work. My latest article COVID-19: Are We Doing Enough to Protect the Health & Safety of Employees? provides expert insight into what employers can do to ensure they comply with health and safety regulations. It includes reference to the new guidance published by the government on 11 May 2020.

The Coronavirus epidemic is also leading to an increase in corporate fraud. I discuss this in Business Fraud: What will happen when the tide goes out. With regulators and investigators focused on the pandemic, criminals are exploiting opportunities to commit fraud. And inevitably, this will lead to innocent people and companies being caught up in investigations and prosecutions once things return to normal.

Below you will find reference to some latest corporate fraud and health and safety news. If you need legal advice on any criminal defence or health and safety matter during this time, please get in touch. In the meantime, I hope you and your family stay safe and well.

Tanveer Qureshi

Legal news

SFO abandoned its probe into ABB

The UK's Serious Fraud Office has closed its investigation into Swiss-Swedish conglomerate ABB after finding insufficient evidence to bring charges. Lawyers told the Financial Times that it was a further sign the SFO was abandoning investigations faster than it was launching new ones.

Abattoir fined for hygiene regulation breaches

Birmingham Halal Abattoir Limited has been ordered to pay ￡11,000 for hygiene offences. The company pled guilty to failing to prevent cross-contamination between carcasses before their post-mortem inspection. This was due to the bodies being strung on a moving rail that moved too quickly to prevent them from knocking into each other. The Food Standards Authority had previously issued a Remedial Action Notice to the abattoir for a similar offence.

Contractor fined for failing to ensure employees were well-rested

Two men were killed in a road traffic accident after one of them fell asleep at the wheel during a drive from Stevenage to Doncaster. The driver had completed a night shift and had been awake for 26 hours. His employer, Renown Consultants Ltd, had instructed the men to take on an extra job following a request from Network Rail without considering whether it had sufficiently rested employees. The company did not follow its own fatigue management procedures or comply with the working time limits for safety-critical work, such as welding. These time limits state there should be a 'minimum rest period of 12 hours between booking off from a turn of duty to booking on for the next'. Furthermore, the company failed to conduct a sufficient and suitable risk assessment of the driver's fatigue.

Renown Consultants Ltd was ordered to pay ￡750,000 in fines and costs.

About Tanveer

If you require legal representation in health and safety or environment law, please contact me directly at [email protected] or via my chambers, 4-5 Gray's Inn Square at [email protected].