Definition of "Manager"

It is important to note that not only company directors but also other company officers can be prosecuted for this offence

Section 37 states:

"Director, manager, secretary or other similiar officer"

Whilst it is easy to determine whether a person is a director of a company, it is less easy to determine whether or not a manager falls within the meaning that the courts have given to 'manager or other similiar officer'.

It is clear however that only the most senior managers come within this terminology.

The case of R v Boal [1] concerned exactly similiar wording as section 37 of the HASAW Act 1974, but instead in the Fire Precautions Act 1971 (section 23). The question in this case concerned whether an assistant general manager of a bookshop was a 'manager' within this section. The court held that manager meant:

""those who are in a position of real authority, the decision-makers within the company who have both the power and responsibility to decide corporate policy and strategy. It is to catch those responsible for putting proper procedures in place; it is not meant to strike at underlings."’"

Footnotes

[1] [1992] 3 ALL ER 177, CA