Health and Safety Enforcement
Enforcement by Health and Safety Inspectors can take a number of different forms - from an informal verbal warning to a prosecution.
In particular, officers have powers to serve enforcement notices ;
Improvement Notices
These notices generally require that certain things are done within a particular timeframe. They will be spelt out on the notice, along with other information such as the right to appeal.
Prohibition Notices
This form of notice is a serious matter and prevents something from happening - for example, the use of an electrical supply, item of equipment or the use of a premises. There is no upper limit on the fine that can be imposed if this notice is breached.
Appealing these notices does not take the 'normal' route of an appeal to the magistrates court, but rather to the Employment Tribunal Service. This usually has to be done within 21 days and the tribunal will either hold a hearing or consider written representations to decide whether to uphold, vary or quash the notice. Extensions to the 21 days are sometimes possible, but only if it has not been reasonably practicable to appeal in time.
It is important to note that Improvement Notices are suspended until the appeal is heard, whereas Prohibition Notices are not and you must therefore ensure that you comply with the requirements unless an application is made for the Tribunal to set the notice aside pending consideration.
Because of the time limits on appeals, if you should wish to appeal a notice you should seek the services of a specialist solicitor as soon as possible. Sometimes it is helpful to talk through the matter of the notice before taking a final decision and we are able to do this either on-line, by e-mail or telephone.
