Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

hseA Scottish business has been heavily fined by the courts after it was found liable for the death of an elderly employee at work.

Mr Malcolm MacDonald Kennedy, 69, and a retired fitter, worked for Alistair Thomas Corrie, a skip hire business based in Kilmarnock, on a casual basis for approximately eight years until he died in an accident on a firm’s premises on 12 December 2011.

On the day of the fatal accident, Mr Kennedy – who would often be the first worker to arrive at the premises in Kilmarnock – entered the firm’s premises using his own set of keys. It appears – although this was not caught on camera or witnessed by anybody – that the heavy iron gates that Mr Kennedy was unlocking then fell on top of him, trapping and killing him. Mr Kennedy’s body was found an hour later by the next employee to arrive but, although the emergency services were called to the site, attempts to resuscitate Mr Kennedy failed and he was declared dead at the scene.

The Health and Safety Executive was notified of the accident and subsequently investigated. This investigation found that the 180kg iron gates had been installed in 2003 but later rendered defective by unsafe works being untaken on them and, in particular, that the gateposts had been packed with metal washers, which had meant that hinges to the gate could not be securely fitted. The HSE investigation found that this had substantially contributed to the accident and recommended that Alistair Thomas Corrie be prosecuted for breaching the Health and Safety at Work etc Act 1974.

The case came to the Kilmarnock Sheriff Court on 3 November 2014, with Mr Corrie pleading guilty to a breach of s.2 of the Health and Safety at Work etc Act 1974. Mr Corrie was fined £20,000 by the court and ordered to pay the costs of the prosecution.

An inspector at the HSE, Lesley Hammond, later gave the following statement: “Employers have a duty to provide and maintain a safe means of access and egress for their employees.  The tragic death of Mr Kennedy could easily have been prevented had the gates been installed and maintained properly.  Unfortunately, this failing led to the loss of Mr Kennedy’s life.”

Chris Hadrill, an employment solicitor at Redmans, commented on the case: “Employers have a duty to take reasonably practicable steps to ensure that the health and safety of their employees is not jeopardised by unsafe practices or equipment in the workplace. In this instance, tit was found that the manner in which the gates to the premises had been installed and maintained rendered the business liable for prosecution.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Tagged with →  

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.73 Average

93 Reviews

Mohamed F

Excellent and professional solicitors, highly recommended

Posted 18 hours ago

Anonymous

Redmans Solicitors provided a professional and prompt service in dealing with my settlement agreement. They used their experience to negotiate a better deal for which I am grateful for. I highly recommend their services.

Posted 3 days ago

Cheryl R

Very efficient and friendly lawyers. I have used Redmans twice now and Chris Hadrill has been amazing to work with. Would highly recommend Redmans.

Posted 3 days ago

Anonymous

I found Redmans Solicitors to be extremely professional, dealing with my questions and concerns quickly and in detail. I would have no hesitation in recommending Redmans Solicitors to anyone.

Posted 3 days ago

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 1 week ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 1 week ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 1 week ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 1 week ago

Yulian Z

Great service

Posted 1 week ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 1 week ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 1 week ago

Anonymous

Really pleased with the swift and professional service from Redmans. They provided very clear advice and helped conclude my matter with the minimum of stress or delay.

Posted 1 week ago

Matthew L

Redmans were very quick to respond to my initial enquiry, and provided me with a very effective and efficient service, generating a most satisfactory outcome. I would definitely use them again if the need arose.

Posted 1 week ago

Anonymous

First rate service. Warm and friendly whilst exceptionally efficient at the same time. I would highly recommend them.

Posted 1 week ago

Anonymous

Professional and helpful. Thorough and supportive.

Posted 1 week ago

Richard A

Excellent service, prompt replies, great advice

Posted 1 week ago

Anonymous

Very professional services

Posted 1 week ago

Margaret

Redmans Solicitors took a lot of the worry away and were very thoughtful and meticulous in their dealings with my case , thank you very mush , great service and a great job

Posted 1 month ago

Mark B

Prompt efficient service. Hourly, and part thereof, billing got a bit stressful at times - as opposed to flat fee - made me think twice about sending an email or making a quick call when I had a query because it would have eaten up minutes from my budget. But happy with the legal service I received overall and would recommend.

Posted 1 month ago

Anonymous

Chris Hadrill has provided a truly wonderful service and was willing to lend his support and expertise at a time when other solicitors, only wanted to discuss their fees! A clear thinking and down to earth professional, Chris can be trusted to listen carefully to your matter, cut through the fog, and advise you on the best (and most realistic) way forward, saving you time, money and heartache. It will be helpful if you first get your ducks in a row in terms of documents / evidence etc. and then contact Chris, (that’s what we did) as this will help your matter to be dealt with faster. The more organised and together you are the more successful you will be. You'll be fine with Chris, I highly recommend him. Good luck!

Posted 1 month ago

Richard v

Excellent Service

Posted 2 months ago