Health and Safety

Most owners of businesses are aware that they have to comply with health and safety legislation but sometimes this compliance may fall short. Following an incident or inspection, the local authority may decide to issue enforcement notices and subsequently prosecute. 

The initial stages of an investigation by a regulator should not be underestimated.  The strategy that is devised in the early stages could have a significant impact on the outcome of the case; an effective strategy as well as on-going discussions with the regulator could lead to a decision not to prosecute.  At Nockolds, we advise you on your position and devise a strategy to minimise any action's impact on your business or you personally, as a director. 

How can we help you?

We have advised various businesses following investigations by local authorities. 

Some of the ways we may be able to help you include:

  • Advise you on health and safety legislation
  • Advising who may be liable for offences and who would be considered the ‘responsible person’ as set out in the Building Safety Act 2022
  • Respond to local authority Investigations
  • Advise you on enforcement, improvement and prohibition notices
  • Gather evidence
  • Advise and assist you in dealing with requests to answer questions under caution
  • Providing written statements
  • Defending prosecutions for alleged breaches at the Magistrates or Crown Court
  • Negotiations and ongoing discussions with the regulator

Recent success include:

We have advised various businesses about their health and safety obligations. 

  • We have advised clients on how to answer questions under caution and on occasions this has led to no further action being taken by the local authority to date.
  • Negotiating a caution on behalf of a company to avoid prosecution of both the company and the directors personally.
  • Working with our clients and the local authority to comply with improvement notices.