Press release: Boss banned after construction company breaches health and safety regulations

Michael Allen, 64 of Ashbourne, Derbyshire, was a director of Allen and Hunt Construction Engineers Limited, a specialist company in manufacturing and erecting steel-framed agricultural and industrial buildings.

In July 2014, one of Allen and Hunt Construction Engineers Limited’s workers was carrying out repairs on a farm building in Buxton, when they fell through the roof and suffered life-changing injuries.

An investigation was carried out by the Health and Safety Executive (HSE) and they found that Allen and Hunt Construction Engineers Limited breached several health and safety regulations.

Among several breaches, HSE found that the company failed to carry out health and safety plans for the site in Buxton, did not properly train the employee to carry out fragile roof work and equipment was inadequate and insufficient for the risks posed.

As a result of court proceedings the company was found to be in breech of three counts of the working at heights regulations and was fined £274,671 in November 2016.

However, Allen and Hunt Construction Engineers Limited went into liquidation in December 2016 and Michael Allen told investigators that the business closed down because it could not afford to pay the fine imposed by the court.

But further investigations by the Insolvency Service found that after the accident and to allow for a clear division between fabrication and installation activities, a new company was incorporated in October 2014. The new company carried out fabrication services, while the installation side of the business was wound down.

And if the fabrication contracts had remained within Allen and Hunt Construction Engineers Limited, the original company, there would have been sufficient funds to pay the fine.

The Secretary of State for Business, Energy and Industrial Strategy has since accepted a disqualification undertaking from Michael Allen.

Effective from 27 June 2018, he is now banned from directly or indirectly becoming involved, without the permission of the court, in the promotion, formation or management of a company for 6 years.

Dave Elliott, Chief Investigator for the Insolvency Service, said:

Michael Allen had a lack of regard for the workers, which unfortunately resulted in a horrific injury for one person.

Directors who fail to adhere to health and safety regulations to protect their employees and then fail to pay the fine can expect to face the consequences of a period of disqualification.

Notes to editors

Michael Allen, date of birth is February 1954, is known to have resided in Ashbourne.

Allen and Hunt Construction Engineers Limited (CRO No.02832623) was incorporated on 02 July 1993 and traded from Derbyshire manufacturing and erecting steel framed agricultural and industrial buildings.

Michael Allen was a director from 02 July 1993 until the company went into liquidation on 22 December 2016. The estimated deficiency as regards creditors and shareholders was £217,833.

On 6 June 2018 the Secretary of State accepted a Disqualification Undertaking from Michael Allen, effective from 27 June 2018, for a period of 6 years. The matters of unfitness that were accepted were that:

On 30 July 2014, Michael Allen failed to ensure that Allen and Hunt Construction Engineers Limited complied with its obligations under the Health and Safety at Work Act 1974 and as a result an employee fell through the roof of a barn and sustained serious and life changing injuries.

Disqualification

A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:

  • act as a director of a company
  • take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
  • be a receiver of a company’s property

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.

Persons subject to a disqualification order are bound by a range of other restrictions.

The Insolvency Service (England and Wales)

The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.

BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.

The agency also authorises and regulates the insolvency profession, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.

Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

Press Office

The Insolvency Service


4 Abbey Orchard Street
London
SW1P 2HT

This service is for journalists only. For any other queries, please contact the Insolvency Enquiry line on 0300 678 0015.

For all media enquiries outside normal working hours, please contact the Department for Business, Energy and Industrial Strategy Press Office on 020 7215 1000.

You can also follow the Insolvency Service on:

Link: Press release: Boss banned after construction company breaches health and safety regulations
Source: Gov Press Releases

Press release: Company fined £50,000 for environmental offence

On 3 July 2018, Hereford Magistrates’ Court fined the company £50,000 and ordered it to pay prosecution costs of £50,000.

The charge was brought by the Environment Agency under the Environmental Permitting (England & Wales) Regulations 2010.

Between July 2014 and October 2014, the company deposited over 5,000 tonnes of soil, stone, brick and concrete into two land hollows on land at Bage Farm, Madley. The hollows were a habitat for great-crested newts, a European protected species. The depositing of the waste had resulted in the disturbance, injury, and killing of some of the newt population.

As part of the fine the court ordered the company to pay the costs that it had avoided in failing to lawfully dispose of the waste.

The company had a previous caution for environmental offences committed in 2010 and 2011.

In mitigation, the company’s barrister stated that the company had pleaded guilty to the offence and had no previous convictions. He also stated that the newt population had thrived in the time following the offence.

Speaking after the case, Environment Officer Lyndon Essex, said:

Waste crime is a serious offence with tough penalties as it can damage the environment and undermine those who operate legally. This case sends out a clear message that we will not hesitate to take action to ensure the protection of the environment.

You can call the Environment Agency on 0370 850 6506 to find out how to responsibly manage any waste your business produces or visit https://www.gov.uk/managing-your-waste-an-overview/overview

Everyone can all play a part in helping to prevent waste getting into the hands of criminals. If you suspect that a company is doing something wrong, you can call the Environment Agency on 0800 80 70 60 or report it anonymously to Crimestoppers on 0800 555 111.

Link: Press release: Company fined £50,000 for environmental offence
Source: Environment Agency

Press release: Phone shop employee has sentence increased for attempted rape

A man jailed for attempted rape will spend longer in prison after the Solicitor General, Robert Buckland QC MP, referred his sentence for being too low.

Javed Zaheer, 23, had asked his 16-year-old victim to return to the phone shop where he worked after hours, under the pretence of collecting her repaired phone. When she did so, the two talked briefly, before Zaheer grabbed and kissed her while attempting to remove her clothing. He also attempted to rape her, but the victim managed to struggle free.

Zaheer became angry but eventually let the victim leave, at which point she reported him to the police.

Zaheer was originally sentenced at Wood Green Crown Court in April, where he was given a sentence of 3 years 9 months’ imprisonment. Today, after the Solicitor General’s referral, the Court of Appeal increased his sentence to 5 years and 6 months’ imprisonment.

Commenting on the sentence increase, the Solicitor General said:

Zaheer has left a young girl with ongoing emotional trauma, and it was only the actions of the victim which prevented him from doing more damage. I am pleased the Court of Appeal has agreed with my referral, and hope the increased sentence brings some comfort to his victim.

Link: Press release: Phone shop employee has sentence increased for attempted rape
Source: Gov Press Releases

The Education (Student Support) (Wales) (Amendment) Regulations 2018 / Rheoliadau Addysg (Cymorth i Fyfyrwyr) (Cymru) (Diwygio) 2018

The Education (Student Support) (Wales) Regulations 2018 (“the 2018 Regulations”) provide for financial support for students taking designated higher education courses which begin on or after 1 August 2018. The 2018 Regulations also provide support for courses which begin before 1 August 2018 and are subsequently converted from full-time to part-time or part-time to full-time on or after 1 August 2018.

Mae Rheoliadau Addysg (Cymorth i Fyfyrwyr) (Cymru) 2018 (“Rheoliadau 2018”) yn darparu ar gyfer cymorth ariannol i fyfyrwyr sy’n dilyn cyrsiau addysg uwch dynodedig sy’n dechrau ar neu ar ôl 1 Awst 2018. Mae Rheoliadau 2018 hefyd yn darparu cymorth ar gyfer cyrsiau sy’n dechrau cyn 1 Awst 2018 ac sy’n cael eu troi wedi hynny o gyrsiau llawnamser i gyrsiau rhan-amser neu o gyrsiau rhan-amser i gyrsiau llawnamser ar neu ar ôl 1 Awst 2018.

Link:

The Education (Student Support) (Wales) (Amendment) Regulations 2018 / Rheoliadau Addysg (Cymorth i Fyfyrwyr) (Cymru) (Diwygio) 2018

Source: Legislation .gov.uk