Health and Safety Solicitors in Southampton
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Regulatory Solicitors for HSE Investigations
Our HSE Solicitors in Southampton help individuals and companies with HSE investigations, and subsequent HSE proceedings. If a stakeholder of your business submits a complaint to the Health & Safety Executive (HSE) following an injury in the workplace, or from noticing a high-risk hazard, the HSE may investigate in accordance with the Enforcement Policy.
The HSE Enforcement Policy Statement aims to determine:
- Any causes of the incident
- Whether any action is required to prevent a repeat incident
- Whether any action has been taken to prevent a repeat incident
- Whether any action is required to ensure compliance with Health & Safety law
- What action should be made in response to any breaches of the law
Any suspected breaches of the Health and Safety at Work Act 1974 may result in an inspection of the work premises as part of an HSE investigation. Following their inspection, the inspector has the authority to issue three types of notices:
- An Improvement Notice (where you will be given a timeframe to improve the conditions identified by the inspector)
- A Prohibition Notice (where you will have to stop all activity immediately)
- A Crown Notice, the same as the two above but issued to Crown organisations such as government departments etc
Following a notice being issued or a complaint being submitted to the HSE, you may be interviewed under caution by the HSE or other local authority. If this is the case, it is highly recommended that you seek expert legal advice from our HSE solicitors. We have broad experience in helping businesses of all sectors and sizes in the following:
- Corporate manslaughter
- Food safety and hygiene regulations
- Health and Safety regulations
- Employer breach of duty towards stakeholders
- Employee breach of duty at work
- Self-employed breach of duty
- Secondary liability
The Sentencing Guidelines and HSE Fees can be detrimental in financial costs and custodial sentences. We can help you mitigate the punishment brought against individuals and your business during HSE proceedings. If you have been notified by a Health & Safety Executive that there has been a complaint made against you or your business, we recommend getting in touch with our health and safety Solicitors as soon as possible. From there we can provide you with advice on what you can expect to happen, and we can react to any proceedings should they escalate further.
If you or your business is suspected or found to be in breach of the Health and Safety at Work Act (1974) or other related safety regulations, then you may be interviewed under caution or face further HSE investigation. As with any crime, you should seek legal advice and representation. It’s important to know your rights when being interviewed by the Police or an HSE Inspector. Remember, anything you say during the interview can have a significant impact on your defence, so it is highly important that you seek professional advice from a specialist HSE Solicitor.
The HSE will prosecute if you or your business are found to have breached any relevant (to the complaint) Health and Safety law. It is therefore essential to seek expert representation. Our health and safety solicitors can provide tactical advice on your Plea and Defence, while we seek to mitigate the penalties.
New guidelines for sentences mean that the custodial threshold for health and safety cases is now lower than before, but these mainly apply to individuals and directors who are identified as responsible. This is measured on culpability, with a maximum sentence of 2 years’ imprisonment.
Even minor sentences, can lead to various disadvantages in the future. Loss of or inability to obtain government contracts is one of the few long-term afflictions. Additionally, you may find that your motor insurance will be invalid and that you can no longer travel to certain countries from this offence.
Whatever the details of the HSE proceedings brought against you, we can help you understand the technicalities and move forward with mitigating the penalties.
Manslaughter Sentences for Gross Negligence
In 2018, the guidelines issued to judges in England and Wales detailed an increase in prison sentences for people convicted of gross negligence manslaughter in a workplace setting. Under the guidelines, anyone convicted of manslaughter by gross negligence could face a prison sentence of up to 18 years.
Penalties for breaching health and safety legislation can be serious, which often include fines and sometimes imprisonment. If convicted of any breach of Health and Safety law, it is certain that you or your business will be liable to pay a fine. Similarly, to sentences, the amount an organisation is fined is based upon harm category and culpability, but also the annual revenue of the organisation. Even small businesses that turnover between £2 million and £10 million, can receive a maximum fine of £1.6 million.
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The Sentencing Guidelines and HSE Fees can be detrimental in financial costs and custodial sentences. We can help you mitigate the punishment brought against individuals and your business during HSE proceedings. If you have been notified by a Health & Safety Executive that there has been a complaint made against you or your business, we recommend getting in touch with our health and safety Solicitors as soon as possible. From there we can provide you with advice on what you can expect to happen, and we can react to any proceedings should they escalate further.
If you or your business is suspected or found to be in breach of the Health and Safety at Work Act (1974) or other related safety regulations, then you may be interviewed under caution or face further HSE investigation. As with any crime, you should seek legal advice and representation. It’s important to know your rights when being interviewed by the Police or an HSE Inspector. Remember, anything you say during the interview can have a significant impact on your defence, so it is highly important that you seek professional advice from a specialist HSE Solicitor.
The HSE will prosecute if you or your business are found to have breached any relevant (to the complaint) Health and Safety law. It is therefore essential to seek expert representation. Our health and safety solicitors can provide tactical advice on your Plea and Defence, while we seek to mitigate the penalties.
New guidelines for sentences mean that the custodial threshold for health and safety cases is now lower than before, but these mainly apply to individuals and directors who are identified as responsible. This is measured on culpability, with a maximum sentence of 2 years’ imprisonment.
Even minor sentences, can lead to various disadvantages in the future. Loss of or inability to obtain government contracts is one of the few long-term afflictions. Additionally, you may find that your motor insurance will be invalid and that you can no longer travel to certain countries from this offence.
Whatever the details of the HSE proceedings brought against you, we can help you understand the technicalities and move forward with mitigating the penalties.
Manslaughter Sentences for Gross Negligence
In 2018, the guidelines issued to judges in England and Wales detailed an increase in prison sentences for people convicted of gross negligence manslaughter in a workplace setting. Under the guidelines, anyone convicted of manslaughter by gross negligence could face a prison sentence of up to 18 years.
Penalties for breaching health and safety legislation can be serious, which often include fines and sometimes imprisonment. If convicted of any breach of Health and Safety law, it is certain that you or your business will be liable to pay a fine. Similarly, to sentences, the amount an organisation is fined is based upon harm category and culpability, but also the annual revenue of the organisation. Even small businesses that turnover between £2 million and £10 million, can receive a maximum fine of £1.6 million.
