Our Consultants can liaise with the enforcing authorities in the event of an inspector finding a breach.
Where an identified breach of the law is relatively minor, the inspector may verbally tell the employer (or ‘duty holder’) what to do to comply with the law.
Where, however, the breach is not minor, the inspector may issue one or more formal notices as below:
Notification of contravention – Where, in the opinion of the inspector, a material breach has been identified and the inspector intends to recover costs under the Fee for Intervention (FFI) scheme
Improvement Notice – Where the breach is more serious, an improvement notice (IN) tells the duty holder to do something to comply with the law. The inspector will discuss it and, if possible, resolve points of difference before serving it. The notice will say what needs to be done, why, and by when. Time given for remedial action will be at least 21 days. This can be appealed to an Employment Tribunal if you wish to disagree with it. Inspectors can take legal action e.g. prosecute, if the notice is not complied with within the specified time limit.
Prohibition Notice – Where a work activity involves, or will involve, a risk of serious personal injury, a prohibition notice (PN) may be served prohibiting the activity immediately or (more rarely) after a specified time period, and not allowing it to be resumed until remedial action has been taken. The notice will explain why the action is necessary and the dutyholder will be told in writing about the right to appeal to an Employment Tribunal.
Important Note: Whatever you do, do not ignore an enforcement notice – it won’t go away and there are serious penalties involved for failure to comply.
Always inform your consultant if you receive any enforcement notice who will then be able to guide you through the process.