Change of Style director gets two-year suspended sentence following the death of employee

Michael Shaw, a director of stone business Change of Style in Southampton, has avoided prison after changing his plea and admitting the manslaughter of an employee at his factory. Michael Shaw, 45, changed his plea to guilty of the killing through gross negligence of David Bail, 22, at the Change of Style premises in Totton, Hampshire, in May 2003.

David Bail\'s head was crushed in a CNC workcentre that had had safety features disabled, Winchester Crown Court heard in a case that reached its conclusion last month (July). David Bail had been taken to hospital but died there. A light beam system that would have stopped the machine if anyone got too close had been deactivated because, the court heard from witnesses, stoppages would have cost too much time and money.

Michael Shaw received a two-year suspended prison sentence. Handing out the sentence, judge Mr Justice Owen told him: "The fact I have suspended the sentence that I have imposed upon you was solely the consequence of my concern of the affect your immediate imprisonment would have on your 25 employees. Some may feel you have got off lightly. But you will have to live out your days in the knowledge that you are responsible for that terrible tragedy, the needless death of this young man."

Michael Shaw, of Bridgnorth Road, Wolverhampton, and the company were fined a total of £70,000 for 10 breaches of health and safety regulations.

Michael\'s son, Gavin Shaw, 25 and living in Ashurst, was fined £1,500 for one health and safety breach, having earlier been cleared of a manslaughter charge due to lack of evidence. Richard Matthews, mitigating for Gavin Shaw, said he had resigned as a director on a salary of £24,000 in November 2003 and had left the company at the end of 2005. He was now a £20,000-a-year salesman with a telecommunications company. The court heard that Peter Cowley, production manager at the time of the death, had previously pleaded guilty to a breach of health and safety regulations. Magistrates had fined him £600 and ordered him to pay £100 costs.

A manslaughter charge against the firm was ordered to lie on file.

A manslaughter charge against the firm was ordered to lie on file.