Marks and Spencer fined £1m for asbestos exposure |
22nd November 2011 |
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| Marks and Spencer have been fined £1m for failing to
protect customers, staff and workers from potential exposure to asbestos during refurbishment at three
of its stores. |
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| In the past asbestos was used for a variety of
purposes including insulation and is still to be found in a wide variety of buildings, including homes,
shops, schools and hospitals. There are now strict regulations in this country with regard to the use,
handling and disposal of asbestos as it has been shown that exposure to even small amounts can be
extremely hazardous to health. |
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| As part of a £1.3 billion refurbishment project
across their UK stores during 2006 and 2007, Marks and Spencer employed contractors to remove the asbestos
which was present in ceilings and elsewhere within the stores. Bournemouth crown court was told that Marks
and Spencer plc did not allocate sufficient time and space for the removal of asbestos-containing materials
at the Reading store resulting in ceiling tiles possibly containing asbestos falling to the floor during
opening hours. |
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| Judge Christopher Harvey Clark QC said that the
company was more interested in profits than planning asbestos removal. He stated that: “The response from
Marks & Spencer was, in effect, to turn a blind eye to what was happening...it was already costing the
company too much money.” |
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| The Health and Safety Executive (HSE) initiated the
criminal proceedings against Marks and Spencer plc and three other companies for asbestos-related breaches
during the refurbishment work. It was noted that Marks and Spencer guidance on removal of asbestos was not
followed by the contractors during the refurbishment programme but Marks and Spencer still had a
responsibility to ensure that a ‘duty of care’ was followed during these works. |
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| Marks and Spencer plc pleaded not guilty to breaching
three counts of section 2(1), relating to their own staff, and three counts of section 3(1), relating to
members of the public and other workers, of the Health and Safety at Work Act 1974. Marks and Spencer were
subsequently found guilty of two charges under the Health and Safety at work Act 1974 and were fined
£500,000 for each offence. |
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Please contact us if you have any questions about
claiming compensation for an asbestos disease.
Call us on Free Phone: 0800 783 9535 and ask for Lynne Manners or Warren Miller. |
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