Employers face tough new laws

EMPLOYERS of migrant workers could find themselves at risk of breaking new corporate manslaughter laws if they don't include language issues in their health and safety reviews.

The warning comes months before the long awaited Corporate Manslaughter Act comes into effect on April 6, which will see company executives held responsible if corporate negligence results in death at work.

The law leaves companies facing criminal conviction and unlimited fines following fatal accidents if there has been gross failure by senior managers.

However, according to a survey by insurers Hiscox, more than 50% of employers aren't prepared for the new laws.

Moreover, it is concerned that companies could face prosecution for breach of their duty in areas not previously considered such as the employment of migrant workers who have little or no spoken English.

“As well as having to cope with expensive legal bills, companies facing legal action under the new Act risk their reputation being damaged and the day to day running of their business being disrupted,” said Callum Taylor, management liability underwriting manager at Hiscox.

“We don't yet know how often or how rigorously judges will implement this law, but one thing very clear is that the Act is going to be another worry to add to the many already faced by businesses.

“However, it's essential that companies stay abreast of the ever-changing regulatory environment and use the coming months to prepare for the Act's introduction.”

Louisa Deboer, a legal expert in immigration employment and part of a specialist team in the Leeds office of law firm Eversheds, said that firms of all sizes had a clear legal duty to consider issues surrounding communication if employing migrant workers.

“The Government's new point based workers registration scheme means that English language tests on application are only required of people applying from outside of the EU,” she said.

“So companies employing workers from countries such as Poland, Romania and Bulgaria need to ensure those workers understand health and safety rules in a language which they may not understand.”

Although organisations such as the TUC have expressed concern that some employers are ignoring language issues when employing migrant workers, Ms Deboer claims that an increasing number of companies are adopting best practice.

“Many are now issuing prospective workers with English tests prior to employment,” she said.

“Others have translated all important literature or have translators to hand.”

For those using agencies to source overseas staff, Ms Deboer has some useful advice.

“Make sure that it is in your service level agreement that all prospective candidates have taken an English test or assessment.”

Read more: Growing influx of migrant workers provide opportunities and challenges for business – http://www.thebusinessdesk.com/growing-influx-of-migrant-workers-provide-opportunities-and-challenges-for-business.html