Health and safety at work – Employer's duties. On hearing the appeal by Squibb Group Ltd against its conviction for failing to comply with its duty under s 2(1) of the Health and Safety at Work Act 1974, the Court of Appeal, Criminal Division, dismissed the appeal on the basis that the appellant's grounds of appeal were not made out. However, the court held that in imposing the fine of £400,000, the judge had wrongly taken the relevant harm category to be category 2 which had a higher starting point, instead of harm category 3. Making a broadly similar adjustment from the starting point of £210,000 which the judge should have taken, the court varied the sentence by imposing a fine of £190,000.