In March 2007 Mark Thornton was killed when a mobile crane toppled over and crushed him.
Bryn Thomas Crane Hire Limited had supplied the crane.
But, before the case against the company could be heard in court, Bryn Thomas Crane Hire Limited went into administration, only to then be bought out by its directors, Dylan and Janus Thomas, and resume trading, using the same equipment, as Bryn Thomas Hire Limited.
Because the company was in administration, and despite being found guilty of serious health and safety failings that had contributed to Mr Thornton’s death, Bryn Thomas Crane Hire Limited was fined just £4,500.
The judge said the appropriate fine, had the company not been in administration, was £300,000.
Now Labour MP Luciana Berger, in whose Liverpool Wavertree constituency Mr Thornton died, is to table a 10 Minute Rule Bill in Parliament, calling for an amendment to the Health and Safety Act.
She wants the Health and Safety Executive to be able to apply to the courts for a freezing order to prevent a company voluntarily going into administration, following the death or serious injury of a worker.
She said:
“Companies whose actions result in the death of a worker must be forced to take responsibility. If passed, my Bill will ensure that companies can’t become phoenix firms to escape justice.”
The Bill will have its first reading on Wednesday 8th February.
Construction union UCATT is supporting her proposed Bill.
General Secretary Steve Murphy commented:
“Every workplace death is a tragedy, leaving a family devastated. It is simply appalling that companies can cheat justice following the death of a worker by using creative accountancy and get away completely scot free.”
