The father and uncle of a university student who fell to his death whilst working unsafely for the family business have walked free from court after their company was convicted of corporate manslaughter.
Henry Thomas Willis died in January 2019, while working for his father Timothy and uncle Mark's agricultural engineering business, DH Willis & Sons Ltd.
The 20-year-old’s long-term partner told Teesside Crown Court of the devastating impact of his unnecessary death when he fell while working on a roof at Manor Farm, East Tanfield.
On Friday, a judge heard how he was passing roofing panels to colleagues when a gust of wind caught a sheet and knocked him off balance, falling to his death.
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In a heart-breaking victim impact statement, Molly Burrows-Egan said the couple’s dreams of a happy future together were destroyed when Henry fell from a basket being used with a JCB telehandler.
She said: “When I go to sleep, I forget and then when I wake up in the morning I have to remind myself all over again.
“Henry was one of the nicest people I have ever met in my life — everybody just loved him. He was so clever and lit up every room he walked into.
“The world has lost a really special person.”
Henry was working for the family business at the time of the fatal incident on January 26, 2019.
One of his colleagues commenced CPR and he was taken to hospital by air ambulance but was very sadly pronounced dead two days later.
Craig Hassell KC, prosecuting, said the company had received warnings from the Health and Safety Executive (HSE) in 2014 and 2016 for ‘unsafe working practices’.
He said there was evidence that the company had been ‘cost-cutting’ at the expense of safety, despite charging for specialist equipment which was not used on the job.
Contractors working at the same site as DH Willis & Sons had expressed concerns about the company’s unsafe working practices and concerns were also raised by previous employees.
The brothers, both of Gilling West, pleaded guilty to failing to discharge general health, safety and welfare duty to an employee.
Mr Justice Butler said there was no risk assessment carried out on the site before the University of Derby creative writing student helped out the family business.
He said: “There had developed in the company a culture of inadequate regard of the safety of employees working at height.
“This was evidenced in 2014 when a HSE inspector attended a site where they were working. He found a telehandler with a home-made cage attached – the cage did not meet safety standards.”
He said the company was issued with a prohibition notice in 2016 when a HSE inspector caught them working unsafely.
Dealing with the fatal accident, he added: “Breaches were endemic and persistent, and these procedures were not difficult or costly (to impose).”
Timothy Willis, 59, was given a prison sentence of 11 months, suspended for two years for his ‘cavalier attitude’ to safety. He was also ordered to do 115 hours of unpaid work.
His 56-year-old brother Mark was given a 23-week sentence, suspended for two years. He was ordered to complete 100 hours of unpaid work.
The businessmen were also handed a 20-day rehabilitation work order and ordered to pay £1,000 in court cost.
The company, which was based at Gilling West, near Richmond, was found guilty of corporate manslaughter and they also admitted health and safety breaches as individuals.
The company was fined £335,000 plus £4,000 costs towards court costs.
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Speaking after the sentencing, Health and Safety Executive Inspector, Paul Thompson said: “This case, which has resulted in the tragic loss of a young man’s life, is an example where a company and its directors have failed to heed previous enforcement action and advice.
“Falls from height remain the single greatest cause of work place fatalities and serious injuries within Great Britain.
“I would strongly urge anyone undertaking roof work or working at height to spend the time producing a risk assessment and introducing the relevant control measures and suitable work equipment, to protect those workers under their control.”
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