Richard Heller in Health and Safety Prosecution of McDonalds

9 April 2018

Richard Heller prosecuted McDonalds Restaurants Limited for two health and safety offences arising out three separate incidents involving employees of the company being struck by vehicles whilst directing traffic in the ‘drive-thru’ area of the McDonalds restaurant at the Lakeside shopping complex. The company was fined £200,000 and ordered to pay full costs and compensation to one of the employees who suffered life-altering injuries. Prior to reaching the Crown Court, the case had an extensive history, including the first appeal of its kind to what was then the BRDO (now part of ‘Regulatory Delivery’) under the Regulatory Sanctions and Enforcement Act 2008. The company sought to prevent its prosecution in reliance on what it claimed was assured advice under the Primary Authority scheme, but the BRDO agreed with the submissions made on behalf of Thurrock Borough Council that the advice given to the company was neither assured nor related to the activities with which the allegations were concerned.