Criminal law vs civil law for employers

Employers are tasked by both criminal and civil law to ensure the safety of their workforce and ensure that their rights are upheld. Yet the difference between civil law and criminal law can often be confusing for those who aren’t well versed in legal terminology.

Health and Safety laws are for the majority filed under criminal law, whilst employment law is covered under civil law.  As a business owner, you should take the time to understand the difference between the two, as well as understand your responsibilities under both.

To better understand your legal responsibilities under both Health and Safety and employment law, contact Croner today on 0808 501 6651.

What is criminal law?

Criminal law refers to laws that are put in place by Parliament to ensure the protection of everyone in society. Thay are implemented for the prevention of breaches of conduct that could impact society in a negative way.

Breaking criminal laws will result in prosecution involving criminal proceedings, with prosecution usually undertake by the Crown Prosecution service on behalf of the state. If convicted you could face a prison sentence, community order or a fine, depending on the severity of the crime committed, any previous criminal convictions, your individual plea and age.

To be found guilty, proof of your guilt must be ‘beyond a reasonable doubt’, before the ruling is laid down.

Examples of criminal offences:

• Murder
• Manslaughter
• Sexual offences
• Theft
• Grievous and actual bodily harm

What is civil law?

Civil law focuses heavily on the systemic laws regarding the private relations of members of society. This can include matters involving individuals, companies and matters against the state.

The main difference in civil law is that you won’t be dealt a prison sentence if you are found guilty of breaching civil law. However, you could be impacted financially as the punishment typically entails a fine. In some cases, you might forgo certain rights and be forced to make amends for a wrong committed.

Civil law cases are decided ‘on the balance of probabilities’ which requires a lower standard of proof then a criminal law case.

Examples of civil law matters:

• Contractual breaches
• Personal injury
• Negligence
• Divorce
• Child custody
• Unfair dismissal
• Discrimination at work

Key differences in brief:

Below is a summary of criminal and civil law.

Criminal law:

Punishes offender, acts as a deterrent and seeks retribution and rehabilitation.

Civil law:

Corrects unfair situations, offers compensation to the victim and seeks to address the imbalance between victim and offender.  

Health and Safety laws in relation to criminal and civil law

As an employer you are obligated to protect your workforce from harm or illness through work. This is outlined in the Health and Safety at Work etc. Act 1974 (HSWA).

Employers have a legal responsibility to identify, evaluate and control anything relating to work that may cause harm to employees, contractors and members of the public.

This means that under Health and Safety laws your legal responsibility as an employer includes:

• Identifying things in your workers job(s) that could result in harm and taking preventative measures.
• Informing workers what risks are entailed in their work and what has been done to protect them.
• Informing workers of the above in a way that they clearly understand.
• Provide education and training on how to work safely and without a risk to health.
• Consult with employees (or an employee’s representative) on measures that could affect health and safety.
• Inform employees on emergency procedures and how and where to get first aid.
• Provide PPE like eye and hearing protection, safety boots, etc. without charge where necessary.
• Maintain all personal protective equipment to ensure the correct level of safety.
• Provide toilets, washing facilities and drinking water.
• Report accidents and incidents, cases of ill health and injuries to the authorities.
• Ensure that workers know their responsibilities when it comes to health and safety.

Under Health and Safety at Work etc. Act there are several duties that are explicitly placed on employers. This includes:

• Creating a written policy explaining the management of health and safety.
• Consulting with their workforce and/or their representatives.
• Ensuring the safe use, transportation and storage of substances and objects.
• Providing adequate welfare facilities.
• Providing correct and appropriate information regarding training and supervision.
• Ensuring a safe system of work.
• Maintaining safe access and exit to the workplace.

As well as this The Management of Health and Safety at Work Regulations 1999 require employers to carry out risk assessments. These serve as the blueprint for the ways employers should manage health and safety in the workplace. When it comes to risk assessments employers must:

• Identify all hazards that could cause harm.
• Work out who might be harmed by the identified hazards and the ways they could be harmed.
• Identify the likelihood of someone coming to harm and the severity.
• Introduce measures to control the risk “in so far as is reasonably practical”.
• If employing more than 5 members of staff, significant findings must be recorded in writing.
• Review the risk assessment regularly to ensure controls are effective and when there is a process or equipment change.

Employers should inform staff of any risk found and the controls in place to mitigate the risk.

Breaching the Health and Safety at Work etc. Act or The Management of Health and Safety at Work Regulations can be grounds for the HSE to prosecute.

Can employers be held liable under criminal and civil law simultaneously?

The short answer is, yes. As an employer you can be both prosecuted under criminal law by the state authorities (HSE) for a health and safety violation and, if the aggrieved party were to sue for damages, such as a personal injury claim then you would also be liable under civil law.

Need advice on Health and Safety or employment law compliance?

Contact our expert Health and Safety, and employment law advisory teams today and get professional advice, tailored specifically to your business’ needs.

Contact us today on 0808 501 6651.