Marks and Spencer has been found guilty of breaches of Health and Safety legislation and fined £1m following a three-month trial at Winchester Crown Court.

The offences related to exposure of its staff and members of the public to asbestos during refurbishment work to its stores in Reading and Bournemouth in 2006 and 2007.

The exposure occurred when ceiling tiles containing asbestos fell to the floor releasing the hazardous dust.

Asbestos, which has been used for many years as fire proofing and insulation in roofs and walls until it was banned in 2000, is believed to remain in around 500,000 UK buildings.

People are at risk when the asbestos fibres become airborne, which is why it's so important when companies undertake refurbishment work to make sure they've taken all steps to identify whether asbestos is present and to ensure its safe removal if it is.

Marks and Spencer employed contractors to undertake the refurbishment work. Willmot Dixon Construction Ltd and PA Realisations (formerly Pectel Ltd) were also found guilty of breaching Health and Safety legislation and Control of Asbestos at Work Regulations respectively. A third contractor, Styles and Wood Ltd, had already pleaded guilty to breaches of Health and Safety legislation.

The judge heard that whilst Marks and Spencer had employed contractors, it still had a duty to ensure the work was carried out safely. The judge was critical of Marks and Spencer, suggesting it had put profit before health and safety.

Exposure to asbestos claims the lives of more than 2,000 people every year, who suffer the asbestos related cancer, mesothelioma. Many more develop other asbestos related illnesses, such as asbestosis, lung cancer, and pleural thickening. 

Partner and asbestos specialist Sara Hunt said: "It's important that the Health and Safety Executive continues to uphold the legislation by bringing prosecutions against companies that put the health of their employees and the public at risk by exposing them to asbestos."

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