Two brothers who employed three schoolboys during the removal of potentially deadly asbestos at a Yeadon factory walked free from Court after being handed community service orders.

But the sentences immediately provoked outrage among anti-asbestos campaigners who said the pair should have been jailed.

Neil and Andrew Medley, former directors of Guiseley-based Medley's Limited, had earlier pleaded guilty to employing two 15-year-olds and a 14-year-old at A E Turbine Components in Yeadon in 1996 and letting the firm work there without a licence.

Neil Medley, 38, of Carr Lane, Rawdon, also admitted carrying out work at Yeadon which exposed employees to asbestos and without ensuring the premises were left in a clean state as well as failing to keep proper records during asbestos removal at a school in Malton in 1994. Sentencing the pair at Leeds Crown Court, Judge John Cockroft ordered Neil Medley to complete 240 hours community service for not having the licence and Andrew Medley, 36, of Park Road, Menston, to do 120 hours. The offence of not having a licence carries a maximum two-year jail sentence. No separate penalties were imposed for the other offences.

Neil Medley was ordered to pay £4,000 towards the Health and Safety Executives prosecution costs of more than £73,000 and Andrew £2,000. Neither was disqualified from being a company director.

The court was told that the HSE was alerted after one of the boys was seen emerging from what was supposed to be a sealed area at the Yeadon site covered "from head to toe in dust".

Paul Worsley, mitigating for Andrew Medley said Neil had been the dominant partner in the company generally and with the asbestos side of business specifically and that his client had not been aware of what was happening.

Neil Medley, representing himself, said the boys had only been employed to cover flooring and machinery with polythene and that health records had been kept that had been stolen.

Following the case Mick Williams, health and safety project manager for the Keighley Trades Union Council, said: "It costs £73,000 of public money to bring this case and they're given community service. It's a joke and I'm appalled."

Stewart Emms, regional organiser for the Construction Union, UCATT, said: "I think it's disgusting - we said all along they should have got a custodial sentence.''

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