Health and Safety
Executive / Commission
Press releases
GNN140701P. 16 November 2006
Mr Andrew Richardson of St Albans Road, Sutton was found guilty of not having Employers Liability Compulsory Insurance at The City of London Magistrates Court on 14 November 2006 and ordered to pay £11,500 in fines, costs and compensation.
He had pleaded not guilty of failing to have the required insurance on the sample dates of 14, 15 and 20 July 2005. The charges against his Company Southern Gas Conversions Limited were dismissed as the Court felt that Mr Richardson was responsible for the breaches instead.
After a two-day trial where Mr Richardson represented himself, he was found guilty and was ordered to pay a fine of £500 plus the prosecution costs of £10,000.
The Court heard that on 15 July 2005, one of the days without insurance cover, that Yana Jones, a 17 year old who had been working as a mechanic at Unit 3, Watermill House, Sutton had been harmed after an incident with a Jeep Cherokee, which caused her to suffer injuries to her left leg resulting in a hospital stay and permanent scarring.
Mr Richardson claimed in Court that the two seventeen year old mechanic students he paid £3 an hour were not workers, but were just attending his business to watch.
The Court heard from Miss Jones that she had carried out a range of mechanical tasks for Mr Richardson including paint stripping and brake changing.
Mr Richardson claimed he did not need insurance, but the prosecution introduced a questionnaire signed by him that showed that he had falsely claimed to the Carshalton College that he did have insurance cover.
As Miss Jones could not make any claim from an insurance policy and had also been unable so far to get any compensation from Mr Richardson, the court ordered him to pay her £1000 in compensation.
Mr Andrew Withers, the Health and Safety Executive Investigating Inspector said;
"It was disappointing that this matter had to be resolved through a trial, but it was Mr Richardson's right to be able to plead not guilty, represent himself and insist that all the witnesses give evidence in person. I am delighted that the Magistrates spared the taxpayer the cost of this trial and made Mr Richardson pay instead. I believe it shows that they understood that the Health and Safety Executive had behaved fairly to Mr Richardson throughout the investigation and many Court hearings we went through before we were able to proceed to a trial. I felt that the Magistrates treated Mr Richardson with impressive patience and understanding throughout the trial."
"Having Employers Liability Compulsory Insurance is a legal requirement for anyone employing people to carry out work and this includes workers who might incorrectly be thought to be non-employees, but only trainees or on work experience. You don't have to be covered if you are employing a person in your home, such as a cleaner or a plumber. More information can be found on our website www.hse.gov.uk "
"It is terrible when people get hurt at work, but at least having insurance means the victim can get some compensation to cover losses and help their recovery. Ms Jones thankfully did not suffer more serious injuries, but if she had, she might at only seventeen years old have been left unable to work again and yet not received a penny. I hope this case sends out the message that employers need to pay reasonable attention to preventing accidents and also providing insurance cover."
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