HSE Enforcement Notices: Ignore One and Face Court

HSE Enforcement Notices: Ignore One and Face Court

Inspector and business owner review HSE enforcement notices on a clipboard beside a guarded machine in a workshop

Act on a notice as soon as it arrives, because the deadline starts straight away.

Last reviewed: 12 October 2026. Figures and rules can change – always confirm on the official links.

Ignoring HSE enforcement notices can lead to prosecution: in 2026, courts fined companies and their directors for not complying with them. One managing director was also disqualified from acting as a company director for five years. If your business in Wymondham, Norwich, Attleborough, Thetford or Dereham gets an improvement notice or a prohibition notice, the clock starts straight away.

Key facts: HSE enforcement notices

  • Improvement Notice: the compliance date must be no earlier than 21 days after the notice is issued.
  • Prohibition Notice (immediate): takes effect immediately.
  • Prohibition Notice (deferred): takes effect at a specified time.
  • Appeals must be received before the end of 21 days beginning with the date the notice is sent to the appellant.
  • Enforcement notices are published 5 weeks after they are served and stay on the public register for 5 years.
  • There is often no limit on the fine. In certain circumstances an individual can be sentenced to up to 2 years in prison.
  • Our searches found no change to the rules on HSE enforcement notices in the last 12 months. The procedure is stable, and courts are enforcing it.

What happened: three prosecutions for ignoring notices

These were not prosecutions for an accident. Each one was for failing to do what an HSE notice required.

  • A London construction company was fined £7,200 for failing to comply with Prohibition Notices. Its director was fined £10,800. Both were sentenced at Snaresbrook Crown Court on 7 January 2026, as HSE reported in its press release on the case.
  • A Cornwall sawmill company was fined £20,000 for failing to comply with Improvement Notices. Its Managing Director was fined £5,000 and disqualified as a company director for five years. They were sentenced at Truro Crown Court on 20 August 2026.
  • A container company was fined £30,000 for failing to comply with two Improvement Notices. It was sentenced at Warrington Magistrates’ Court on 16 June 2026.

Look at who was named. In two of the three cases, a director was fined personally as well as the company. In one, the director lost the right to run a company for five years. Enforcement notices are not just paperwork for the business. They can affect the people who run it.

Health surveillance providers are now in scope

In July 2026, HSE issued its first ever Prohibition Notice against an occupational health service provider, followed by an Improvement Notice. If you rely on an outside provider for audiometry, lung function, skin checks or face fit testing, ask them directly how they make sure their work meets HSE expectations. Responsibility for health surveillance stays with you as the employer, even when someone else does the testing.

How the notice process works

Improvement Notices

An improvement notice tells you what is wrong and gives you a date to fix it. That date cannot be earlier than 21 days after the notice is issued. If you appeal, the notice is suspended until the appeal is decided.

Prohibition Notices

A prohibition notice stops an activity. An immediate notice takes effect straight away. A deferred notice takes effect at a time stated in the notice. Appealing an immediate prohibition notice does not suspend it unless the Industrial Tribunal rules that it should. The work stays stopped.

Appeals

Appeals must be received before the end of 21 days beginning with the date the notice is sent to you. The Tribunal can allow a longer period only where it was not reasonably practicable to appeal in time. Do not assume you will get extra time.

The public register

Notices are published 5 weeks after they are served and stay on the HSE public register of enforcement notices for 5 years. Customers, competitors, insurers and tender panels can look you up there. A notice can affect your reputation long after the problem has been fixed.

The penalties

According to HSE, maximum penalties depend on whether the conviction is summary or on indictment, and on whether the offence was in England, Wales or Scotland. Courts will usually fine an offender, and there is often no limit on the size of the fine. In certain circumstances, an individual can be sentenced to up to 2 years in prison.

Compare that with the cost of putting it right. A risk assessment review, a training course or an hour with a competent adviser costs far less than a court case, a director’s ban and five years on a public register.

What you must do if a notice lands

  • Read it the same day. Note what it requires and every date in it.
  • Comply with a prohibition notice at once. Stop the activity. Appealing an immediate notice will not restart work unless the Tribunal rules that it can.
  • Plan the improvement work. Assign an owner, set a deadline well before the compliance date and keep evidence of every step.
  • Decide quickly whether to appeal. The 21-day window is short.
  • Fix the cause, not just the symptom. Review the risk assessment, the training records and the supervision that let the problem develop.
  • Brief your directors. The 2026 cases show that personal fines and disqualification are real outcomes.

Would your business survive an inspection tomorrow?

Ask yourself honestly. Are your risk assessments current and specific to the work you actually do? Can you show that staff were trained for the equipment they use? Is your health surveillance up to date? If any answer is unclear, an inspector is likely to find the same gap.

Our health and safety consultancy covers risk, COSHH, fire and noise assessments, policies and audits. Senior staff hold CMIOSH and MIIRSM. We cannot promise that an inspector will never visit, and no adviser honestly can. What we can do is help you find and close gaps before an inspector does.

Frequently asked questions

How long do I have to comply with an improvement notice?

The notice gives a compliance date, which must be no earlier than 21 days after it is issued. Check the exact date on your notice.

Does appealing stop the notice?

For an improvement notice, yes. It is suspended until the appeal is decided. For an immediate prohibition notice, no, unless the Industrial Tribunal rules that it should be suspended.

Will anyone else see the notice?

Yes. Enforcement notices are published on the HSE public register 5 weeks after they are served and stay there for 5 years.

Can directors be punished personally?

Yes. In the 2026 cases above, directors were fined personally, and one was disqualified for five years. In certain circumstances, an individual can be sentenced to up to 2 years in prison.

Take the practical step now

Don’t wait for a notice to arrive. Book a compliance review or a risk assessment, or get your team onto the right accredited health and safety courses, including IOSH Managing Safely, IOSH Working Safely and AITT forklift training. We deliver courses at our training centre in Wymondham or on your own site anywhere across Norwich, Attleborough, Thetford and Dereham.

Call us on 01953 607093 or contact our Wymondham team to arrange a review. Milne Safety has been helping Norfolk employers since 1978. More guidance is available from the Health and Safety Executive.