Health & Safety Investigations
An investigation by the Health & Safety Executive (HSE) following a complaint, or an incident, can have far-reaching consequences for a business. As a result, it is important to take professional legal advice at an early stage to fully understand the investigative procedures, and your options in respect of both the investigation and any potential enforcement action.
Regulatory Law differs from general Criminal Law in that with the right legal representation at an early stage during an investigation it may well be possible to persuade the HSE that a prosecution would not be in the public interest even if there is strong evidence of regulatory breaches.
An out of court disposal can sometimes be achieved through negotiations about the implementation of new workplace systems and an auditing of operations on a more frequent basis. If a prosecution can be avoided this reduces legal costs considerably and removes the anxiety and uncertainty as well as the risk of convictions and penalties.
Another factor to be considered is the reputational damage to the business that may be caused by court proceedings and the likelihood of adverse publicity. This can lead to the loss of clients and consequent cash flow difficulties and ultimately in a severe case the demise of the business.
Our solicitors can not only advise and protect you in respect of HSE investigations, but can also provide bespoke training for your employees to help your business to avoid falling foul of this complicated area of law.
If you are being investigated by the HSE, or are subject to enforcement proceedings in respect of tax issues, please contact our regulatory experts now to arrange a reduced fee initial meeting to discuss your options.
Partner, Solicitor & Head of Dispute ResolutionContact
Senior Associate Solicitor and Head of Insolvency & Business RecoveryContact