Health & Safety Compliance Appeals
Right to Appeal
Upon being issued with an Improvement Notice or a Prohibition Notice you have the right to appeal against the notice to an Industrial Tribunal. The effect of an appeal on a notice depends on which notice you have been issued with.
If you disagree with the decision of the HSE that you are breaking the law, it is possible to suspend an Improvement Notice by lodging an appeal against the decision. If you have been issued with a Improvement Notice, this will remain suspended until the conclusion of your appeal.
You are able to appeal against a Prohibition Notice, however, unlike a Improvement Notice, a Prohibition Notice remains in force until the appeal is concluded, however, it is possible to apply to the Industrial Tribunal to have the notice lifted until the conclusion of the appeal.
The Industrial Tribunal have the power upon appeal to:
- Uphold the notice
- Vary the terms of the notice
- quash the notice
If you are wishing to appeal against a decision of the HSE to issue an Improvement Notice or a Prohibition Notice it is important to contact a specialist solicitor at the earliest opportunity. This will ensure that no deadlines are missed and that your case is argued as robustly and coherently as possible.
The Head of our Regulatory Department, Ian Anderson will take conduct of your matter from start to finish and can appear on your behalf at any hearings that you are required to attend. Contact Ison Harrison Solicitors on 0113 284 5062 if you would like to speak directly to a member of our team.