Directors in the dock: How to avoid personal liability when the worst happens
10th February, 2026
Many directors take comfort in the knowledge that their business has strong preventative measures in place to avoid work-related injuries, adverse environmental events and similar incidents. However, far fewer have prepared or planned for what they would do if and when such an event actually occurs.
While those responsible for corporate direction and strategy have the power to reduce the likelihood of an incident, they often do not know the personal consequences if one occurs. Directors can be investigated and prosecuted as individuals for accidents involving health and safety, food, fire, transport or environmental incidents – even if they had no direct knowledge of the specific circumstances that led to the event.
How a director responds in the immediate aftermath is vital. What is said and done in those first few hours can directly affect their status as a personal suspect, the ultimate outcome for the company, and the evidence available in any future legal defence.
A lack of a pre-planned response frequently leads to poor management and control of the response. A company is not automatically guilty due to the occurrence of the event; it just needs to build a robust case to demonstrate it did all it “reasonably could” to prevent the risk of harm. Whether or not the directors can show that they did enough personally to ensure this will form the basis of the investigation by the police and regulators.
Most board members are understandably devastated in the wake of a serious incident. This emotional impact can lead to them being self-critical and potentially finding themselves taking the blame or accepting responsibility for more duties than the law would otherwise impose upon them. The speed and quality of decision making can be a little unusual in that scenario.
In haste, directors may commit to changing processes to levels that may be laudable in principle, but are too onerous, wholly unworkable and unachievable in practice. By setting standards beyond industry norms or what is considered reasonable, directors may inadvertently increase standards to a level that the company cannot realistically meet, risking further breaches and personal liability once more in the future.
Before changing procedures, accepting responsibility, or admitting fault, directors should seek legal advice at the earliest opportunity after an incident has occurred. This should happen before taking any action in respect of changing processes that while being well-intentioned, can lead to additional problems that might be used against them in a criminal court. A specialist lawyer will ensure that communications are subject to legal professional privilege and thus protected from disclosure while guiding directors through these unique and challenging circumstances, usually for their first brush with the criminal justice system.
While reacting to what can often be serious or fatal incidents, this critical step may not always be at the forefront of every director’s mind, but it is the most effective way to protect personal and corporate liability when the worst happens.
This article was first published by Insider Media. If you have any questions regarding regulatory compliance and investigations, please get in touch with Chris Green.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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