A recent report by the Law Commission called for courts to be able to apply a due diligence defence to some cases that could see firms and company directors hit with criminal liability for actions carried out by their staff.
Commenting on the publication, Recruitment Society chairman Steve Huxham said that companies always face the prospect of hiring a 'rogue' member of staff, who could be more likely to commit a criminal act and place the firm at risk of court action.
'It is important that [firms] do have that right to defend themselves and to demonstrate what they have done to minimise the risk both to themselves and to the public, other businesses, etc,' he explained.
Mr Huxham also recommended that companies establish an audit trail, so they are able to demonstrate to a court that they did all they could to prevent employees from being involved in events such as health and safety breaches.
Commenting on the publication, Recruitment Society chairman Steve Huxham said that companies always face the prospect of hiring a 'rogue' member of staff, who could be more likely to commit a criminal act and place the firm at risk of court action.
'It is important that [firms] do have that right to defend themselves and to demonstrate what they have done to minimise the risk both to themselves and to the public, other businesses, etc,' he explained.
Mr Huxham also recommended that companies establish an audit trail, so they are able to demonstrate to a court that they did all they could to prevent employees from being involved in events such as health and safety breaches.
