Appeals against health and safety enforcement notices
When you might want to appeal a health and safety enforcement notice, what will happen if you do and the possible verdicts from a tribunal hearing.
If the inspector serves you improvement notice or prohibition notice, they will tell you in writing about your right to appeal. They will provide you with information which tells you how to get the form to make and appeal, and where to send this.
You must make appeals to an industrial tribunal.
You can appeal if you either:
- disagree with the inspector's opinion that you are breaking the law
- disagree that your activities give rise to a risk of serious personal injury.
If you don't understand what the notice is requiring you to do, or you think you need more time, you should get in touch with the inspector for advice.
If you appeal against an improvement notice, the notice will be suspended until your appeal is heard.
If you appeal against a prohibition notice, the notice stays in force until after your appeal. This is the case unless you apply to the tribunal to have it lifted pending the appeal. If the secretary of the tribunal agrees with your application, they will lift the notice pending the court's decision.
The tribunal hearing your appeal can either:
- uphold the notice
- vary the terms of the notice
- quash the notice
If the tribunal upholds or varies the terms of an improvement notice, you must take the required remedial action within the time specified.
If the tribunal upholds a prohibition notice, you must not resume the prohibited activity without taking the required remedial action.
Businesses must comply with a notice or potentially face prosecution. This can result in a fine and in some cases the owners or directors - for incorporated businesses - could face a prison sentence.