One of the most draconian of the Health and Safety Inspector’s powers is that of the Prohibition Notice. This can only be served if the officer is of the view that there is something that involves a risk of serious personal injury. Because the device of a prohibition notice is a serious matter, not all inspectors are granted this power.
There are a number of important matters to consider before accepting that a notice is valid and we can advise on this or represent you if you decide to appeal.
It is important to note that whilst Improvement Notices are suspended until the appeal is heard, Prohibition Notices are not. There is no maximum penalty for failing to comply with a prohibition notice and you should therefore ensure that you comply with the requirements unless an application is made for the Tribunal to set the notice aside pending consideration.
As there is only a very limited time to appeal the service of a notice, we recommend that you obtain legal advice immediately that it is given to you, no matter what time of the day or night.
