Improvement and Prohibition Notices

Under The Health & Safety at Work etc Act 1974 (“the HSWA”) an inspector may serve an improvement notice if he is of the opinion that a person is contravening one or more of the relevant statutory provisions.

The recipient of the notice must be given a period of time to remedy the matters identified, which must not be less than 21 days.

An appeal may be made against the improvement notice to the Employment Tribunal and this has the effect of suspending the notice until the appeal is disposed of.

If the inspector is of the opinion that the activity being carried out involves or will involve a risk of serious personal injury under the HSWA he may serve a prohibition notice. This is a direction to stop the activity in question, although it may provide for a delay before it is to take effect.

Again an appeal may be made to the Employment Tribunal although, in the case of a prohibition notice, the appeal will not automatically suspend the operation of the notice.

How can we help you?

• Advising upon the validity of a notice served upon you.
• Providing advice upon the effect of the notice.
• Providing advice upon and representing you in making an appeal against the notice to the Employment Tribunal.