Marks & Spencer Face Large Fine over Asbestos Negligence
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September 26, 2011 TheFreshOutlook  |
After failing to protect workers from asbestos, Marks &Spencer could now face a large fine issued by Bournemouth crown court.
The giant retail company Marks & Spencer (M&S) could be facing a hefty fine after two of its stores were found guilty of breaching health and safety regulations. A final court hearing will begin on Monday, when management will be accused of failing to protect customers and workers from asbestos during refurbishment.
Three contractors, including Willmott Dixon Construction and PA Realisations, are also facing large fines for health and safety breaches.
The two stores in question, in Reading and Bournemouth, underwent refurbishment in 2006 and 2007. Workers soon discovered asbestos on the sites; however neither the contractor nor company ordered the closing of the stores.
In a three-month trial at Winchester crown court, the jury was told that M&S did not allocate enough time for the cancer-causing material to be removed. Management was more concerned about construction being “unsightly”, said the prosecution team.
The court also heard how contractors at the Reading store had worked overnight to ensure the shop stayed open to the public.
Prosecutor Richard Matthews explained that M&S had failed in its “duty to make sure asbestos did not take those working in the store by surprise.”
The company is experienced in handling asbestos, he said, and should have followed a specific code of practice.
“If that meant making the store unsightly to customers or interfere with their shopping experience then so be it – better an unattractive store in the short term than the risk of anything else in the long term,” he told the court.
Besides M&S, judges also found Wllmott Dixon Construction and PA Realisations guilty of health and safety breaches at the Bournemouth and Reading stores.
A third contractor, Styles & Wood, pleaded guilty at an earlier hearing.
Now, all companies face sentencing at Bournemouth crown court during a two-day hearing that will end on Tuesday.
By Catherine Rees
[Image courtesy of infomatique]
