HSE Enforcement Notice
The HSE and local authorities have power to issue enforcement notices (improvement and prohibition) which can stop and/or prevent unsafe practices in the workplace.
All issued enforcement notices are published to an online register by the HSE. The records appear for 5 years, however there is a nine-week delay from the notice being issued to being published online to allow for an appeal.
Enforcement notices can have an impact on a business and therefore appealing a notice should be considered at anytime following its issue.
HSE Improvement Notice
An Improvement Notice is a statutory notice that meets the conditions described in Sections 21 and 23 of the HSWA.
An Improvement Notice may be issued under Section 21 of the Health and Safety at Work Act 1974 if the inspector believes that you're breaking a health and safety law that may pose a risk to people.
The improvement notice gives you the opportunity to correct what the inspector has identified as being done wrong and will: -
- specify what you're doing that breaks the law
- say what needs to be done to correct the issue and why
- give you a period of time - at least 21 days - in which to comply
Failure to comply with an improvement notice can result in prosecution.
Appealing an improvement notice will suspend the notice until the appeal is heard.
HSE Prohibition Notice
A Prohibition Notice is a statutory notice that meets the conditions described in Sections 22 and 23 of the HSWA.
A prohibition notice may be issued under Section 22 of the Health & Safety at Work Act 1974 if the inspector believes that there is risk of serious personal injury. This sort of notice usually requires the activity to stop immediately and not resume until the necessary, corrective action has been taken.
The prohibition notice will explain why the inspector thinks there is a risk of serious personal injury and may also state: -
- whether a law is being breached
- what you need to do to reduce or control that risk
Failure to comply with a prohibition notice can result in prosecution.
When appealing an enforcement notice the notice stays in force until the appeal is heard (although it is possible to apply for the notice to be lifted pending the appeal).
Implications of Receiving a Notice
Receiving an enforcement notice can have a major impact on businesses. Some companies may not deal with those who have been issued a notice and local authorities will not contract with them and the notice has an impact on any tendering documentation.
Appeal Against Enforcement Notice
If you believe you have been issued an improvement notice in unfair circumstances, you have the right to appeal against it.
Appealing the notice will allow you to: -
- vary the terms of the notice
- overturn the notice
Appeals must be made to an employment tribunal, usually within 14 days.
MJP solicitors can assist in the appeal process and provide advice and representation for the presetation of your case for a fixed fee
We provide guidance and support to clients who are appealing enforcement notices throughout the UK including London, North Wales, South Wales, Liverpool, Merseyside and Wirral.
If you require assistance get in touch with us today on 0333 011 0515.