Asbestos prosecution launched against high street retailer

The Health and Safety Executive (HSE) has initiated criminal proceedings against Marks and Spencer and four other companies for asbestos-related breaches during refurbishment work at shops in Reading, Bournemouth and Plymouth where staff and members of the public were exposed to asbestos-containing materials.

Marks and Spencer pleaded not guilty to breaching three counts of section 2(1), relating to their own staff, and three counts of section 3(1), relating to members of the public and other workers, of the Health and Safety at Work etc Act 1974. Each of these charges relates to each of the three stores and date from September 2004 to November 2006.

Styles and Wood, based in Cheshire, pleaded guilty to contravening sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. These charges relate to offences committed between 24 April 2006 and 13 November 2006 at the Marks and Spencer plc store at 12 Broad Street, Reading. The company will be sentenced at Crown Court at a later date.

Willmott Dixon Construction of Hertfordshire, entered no plea to the allegations of contravening sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 between 5 February 2007 and 3 July 2007. These alleged breaches took place at the Marks and Spencer plc store at 23 Commercial Road in Bournemouth.

Manchester-based company PA Realisations Ltd (formally Pectel Ltd), faces allegations of contravening regulation 10 of the Control of Asbestos at Work Regulations 2002 between 24 April 2006 and 12 November 2006, and regulation 15 of the Control of Asbestos at Work Regulations 2002 on dates between 5 May 2006 and 12 November 2006 at the Marks and Spencer store in Reading. PA Realisations Ltd was not represented in court yesterday.

A committal hearing date has been set for 2.15pm on Tuesday 9 February 2010 at Bournemouth Magistrates' Co.