Last reviewed: 14 September 2026. Figures and rules can change – always confirm on the official links.

HSE enforcement notices can result in unlimited fines and up to 2 years in prison for non-compliance, according to the HSE’s enforcement guidance. Recent prosecutions in 2026 have seen directors fined £10,800 and disqualified from acting as company directors for five years.

For businesses in Wymondham, Norwich, Attleborough, Thetford and Dereham, understanding the current rules around improvement notices and prohibition notices is not optional. The consequences of non-compliance are severe, public, and immediate.

What Are HSE Enforcement Notices?

Improvement notices and prohibition notices are classified as ‘enforcement actions’ by the HSE. An improvement notice requires you to remedy a breach of health and safety law within a specified period. A prohibition notice stops an activity immediately because the HSE believes it involves a risk of serious personal injury.

Both are matters of public record. Enforcement notices are published on the HSE’s public register 5 weeks after they are served, and they stay there for 5 years. Your clients, competitors and insurers can see them.

Penalties for Non-Compliance in 2026

The penalties for ignoring an enforcement notice are substantial. Failing to comply with a Prohibition Notice is an offence contrary to Section 33(1)(g) of the Health and Safety at Work etc Act 1974. Courts can impose unlimited fines, and in certain circumstances may sentence an individual to up to 2 years in prison, as well as or instead of a fine.

Recent prosecutions illustrate the reality:

• In January 2026, VNP Constructions Limited was fined £7,200 and ordered to pay £900 in costs for failing to comply with Prohibition Notices. Director Vasilis Paraskeva was fined £10,800 and ordered to pay £900 in costs at Snaresbrook Crown Court on 7 January 2026, as reported in an HSE press release.
• In August 2026, Truro Sawmills Limited was fined £20,000 and ordered to pay £5,000 in costs, and Managing Director Alistair Wright was fined £5,000 and ordered to pay £2,500 in costs, at Truro Crown Court on 20 August 2026 for failing to comply with Improvement Notices. The court granted HSE’s application to disqualify Mr Wright from acting as a company director for a period of five years.

These are not outlier cases. They are the predictable outcome when enforcement notices are treated as negotiable.

A Landmark Case: HSE Enforcement Against an Occupational Health Provider

In July 2026, the HSE issued a Prohibition Notice to stop occupational health surveillance activity, described as “the first time HSE has taken enforcement action of this kind against an occupational health service provider.”

This is significant. It demonstrates that no sector is exempt from enforcement, and that even providers of health surveillance services can fall foul of the regulations they exist to support. If you commission health surveillance or training, you should satisfy yourself that your provider operates lawfully.

What Triggers an Enforcement Notice?

The HSE operates under its Enforcement Policy Statement, in accordance with the Legislative and Regulatory Reform Act 2006 and the Regulators Code 2014. The Enforcement Management Model, updated in June 2026, guides inspectors’ decisions.

Common triggers include:

• Significant breaches identified during a routine or reactive inspection
• Failure to control a known, serious risk (e.g. unguarded machinery, inadequate working at height protection, missing COSHH assessments)
• Lack of competent health and safety advice or management systems
• Repeat failures or disregard for previous informal advice

Inspectors have wide powers. They can visit without notice, take photographs, interview employees, and request documents. If they find a serious breach, an enforcement notice can be served on the spot.

What You Must Do If You Receive an Enforcement Notice

If your business receives an improvement or prohibition notice, you must act immediately:

1. Stop the activity if it is a prohibition notice. You have no choice and no grace period.
2. Read the notice carefully. It will specify the breach, the relevant legislation, and the deadline for compliance (if an improvement notice).
3. Seek professional advice. A health and safety consultancy can help you understand what is required and evidence compliance.
4. Document your remedial actions. The HSE will expect written evidence: updated risk assessments, training records, maintenance logs, competent person appointments.
5. Respond by the deadline. Missing the deadline is a criminal offence, and prosecution will follow.

Do not assume the notice will be forgotten. Enforcement notices are tracked centrally, and inspectors return to verify compliance. Non-compliance leads directly to prosecution.

How to Avoid an Enforcement Notice

The best defence is a robust, documented health and safety management system. That means:

• Up-to-date risk assessments (general, COSHH, fire, noise, manual handling, DSE) reviewed at least annually and whenever circumstances change
• Competent health and safety advice, whether in-house or from a CMIOSH-qualified consultant
• Regular, recorded training for all employees in the hazards they face
• Clear policies, safe systems of work, and method statements that are actually followed on site
• Health surveillance where required (audiometric, lung function, skin, face fit testing)
• Maintenance and inspection schedules for plant, equipment and PPE

Our team at Milne Safety has supported businesses in Wymondham, Norwich, Attleborough, Thetford and Dereham since 1978. We provide comprehensive health and safety consultancy, accredited safety training (including IOSH Managing Safely and IOSH Working Safely), and occupational health surveillance. Our senior consultants, David Field (CMIOSH MIIRSM RSP) and Alec Rodwell (CMIOSH MIIRSM Dip RSA), bring decades of experience in HSE compliance and enforcement.

Can Enforcement Statistics Tell You Anything?

The HSE no longer publishes enforcement statistics as part of its annual statistical release. Information relating to enforcement activity is now published in HSE’s annual report and accounts document, available via the HSE statistics page.

What we do know is that the HSE continues to prosecute, and the courts continue to impose significant penalties. The framework is stable; the appetite for enforcement is not diminishing.

Frequently Asked Questions

How long does an enforcement notice stay on the public register?

Enforcement notices are published on the public register 5 weeks after they are served and remain there for 5 years. This is a matter of public record, visible to clients, insurers and competitors.

Can I appeal an enforcement notice?

Yes. You can appeal an improvement notice to an employment tribunal, and a prohibition notice can also be appealed. However, appealing a prohibition notice does not suspend it—you must still stop the activity immediately. Legal and professional advice is essential.

What is the difference between an improvement notice and a prohibition notice?

An improvement notice gives you a deadline (typically weeks) to remedy a breach. A prohibition notice stops an activity immediately because it involves or will involve a risk of serious personal injury. Both are legally enforceable, and both are criminal offences if ignored.

Will I definitely be prosecuted if I fail to comply?

Yes. Failing to comply with a prohibition notice or improvement notice is a criminal offence, and the HSE will prosecute. Courts can impose unlimited fines and, in certain circumstances, custodial sentences of up to 2 years.

Get Your House in Order

Would your site survive an unannounced HSE inspection today? If you are not confident, you need to act now.

We offer a full compliance audit, risk assessment review, and risk assessment training at our Wymondham training centre or on your site across Norfolk. We can help you identify gaps, document controls, and train your team—so you are prepared before the inspector arrives.

Call us on 01953 607093 or visit our contact page to arrange a no-obligation consultation. Milne Safety has been keeping Norfolk businesses safe and compliant since 1978.