Health & Safety

Health and Safety
Legally reviewed by: Laura Smith

If you or your business have been accused of a health and safety failure – an investigation will be carried out, which could result in a prosecution or enforcement action. If you are taken to Court heavy fines are often imposed. Cartwright King’s specialist Health and Safety Solicitors have acted for hundreds of individuals and companies accused of health and safety violations.

We’re used to dealing with intensive investigations and the Authorities, enabling us to properly prepare you for the stressful process and how to respond to the demands made of you in interview so that you and your business are thoroughly supported and more importantly protected. We can also advise on how to make your company compliant to avoid further action.

For reliable advice and representation concerning health and safety issues, get in touch with our dedicated legal team today, either by calling our number or sending us an email.

How Cartwright King’s Health and Safety Solicitors Can Help You

Benefit from our experience of defending businesses, directors, managers and more faced with prosecution or appealing a decision made by a regulatory body. We offer a frontline defence for you or your business, no matter how complex the case.

At Cartwright King, we combine our internal expertise, providing professional legal insight alongside sector-specific solutions. Our Health and Safety Solicitors can support clients spanning a wide range of sectors, advising and representing cases in farming, transport, construction, leisure, quarrying and residential care. Whether you are under investigation by the police, local authorities, fire services, or health and safety regulators, including HSE (Health and Safety Executives), ORR (Office of Rail and Road), ONR (Office for Nuclear Regulation) or MCA (Coastal Agency); our team can deliver the right course of action for you.

Our specialist HSE Defence Lawyers can help with:

● HSE and Local Authority investigations
● HSE and Local Authorities requests for information
Interviews Under Caution
Enforcement Notices
● Improvement Notices
● Prohibition Notices
● Appeals against Enforcement Notices
● Legal duties, legal liabilities, defences and penalties
● Directors’ duties and liabilities
Regulatory compliance
● Corporate Manslaughter and Homicide
● Gross Negligence Manslaughter
● Coroner Inquests
● Supply chain due to diligence and sub-contractor supervision
● Regulation breaches

Unique Advocacy Services

You need a law firm that can represent you at any stage at a moment’s notice. That’s exactly what our advocacy services give you.

If you’re arrested or charged with a crime in connection with health and safety violations, whether you need representation at a police station right up to the Supreme Court, we’ll be there. You won’t get passed off; we’ll push to defend you all the way.

Support For Prevention, Investigations and Prosecutions

At Cartwright King, our Health and Safety Solicitors are available to provide advice as and when an incident occurs on your premise, while also being on-hand throughout investigations and the prosecution process. Together, we can support you with any fallout, including managing damage to your reputation. With our Health and Safety Solicitors on board, we can offer guidance with prevention, investigations and prosecutions, through services including but not limited to:

  • Guidance during investigations
  • Privileged Early Case Assessments
  • Advising on investigations involving serious workplace injuries, working at height and asbestos
  • Providing legal representation for business owners, managers and employees during interviews under caution
  • Acting on behalf of directors during serious incident investigations
  • Legal representation during Inquests and Coronial Law Proceedings
  • Support with Fee For Intervention cases
  • Fallout and reputation management 

Preventative Advice From Cartwright King

Our Health and Safety Solicitors also offer preventative advice to help guarantee businesses are delivering on all HSE requirements. By investing time into compliance now, it is possible to avoid any future legal prosecution. At Cartwright King, we provide advisory services that include:

Benefit from a Free, Initial Telephone Conversation

If you or your business face accusations of breaching health and safety rules, having the services of the right law firm on your side is the difference in successfully defending against prosecution and enforcement.

Benefit from a free, initial telephone call with a Cartwright King Health and Safety Lawyer. It gives us a chance to get to know not only you but also your situation, consider the best advice and come up with the best way to proceed.

Why Choose Cartwright King’s Health and Safety Solicitors?

When faced with accusations of health and safety violations, you need a solicitor that knows what they’re doing, understands the law concerning the process and knows how to protect your legal rights.

As one of the largest defence law firms in the UK, we have the legal firepower to defend you, facing your case with you head-on. Whenever and wherever you need us, we’re here to represent you!

Investigations into health and safety can be immensely disruptive and stressful, not to mention that they can ruin reputations and potentially leave your business vulnerable to sanctions.

Having a law firm on your side that really understands what’s at stake for you means that you can trust that we’ll do what we can to protect you, your business and your integrity. Our legal advice is backed by the experience of dealing with many high-profile health and safety cases, with a proven track record in and out of the Courtroom. You can trust this experience to endure throughout your defence.

Our specialist solicitors go above and beyond to give you the support you need for added peace of mind that your case is in good hands.

We're here for you.

Frequently asked questions.

What Is the Health and Safety at Work Act?

Also known as HASAWA, the Health and Safety at Work Act from 1974 is a document that ensures workplace health and regulates the employers’ responsibilities in terms of protection of health, safety and welfare not only of their employees but of all the people on their commercial premises, such as their clients, visitors, the general public, etc.

The one catch, however, is that those regulations are qualified with the words’ so far as is reasonably practicable.’ What does it mean? It means that if an employer doesn’t want to introduce a safety measure to their commercial premises, they can argue that the costs they would have to bear are not justified by the amount of risk the measure would reduce. But don’t be mistaken – it doesn’t mean that they can freely avoid responsibilities simply because they cannot afford to improve their commercial premises.

What Are the Obligations for the UK Employers in Terms of Health and Safety?

Every employer in the UK is obliged to provide their employees with a safe and healthy workspace. There are plenty of rules they should follow to do that, but generally speaking, this means that they should provide their employees with:

  • A safe system of work
  • A safe workspace that meets health and safety regulations
  • Safe machinery, plant and equipment
  • Competent and safe people to work alongside each other – the reason being the employers are also responsible for the actions of their employees
  • Risk assessments – once the risk is discovered, they should take steps to eliminate it
  • Access to information about potential safety hazards associated with work procedures, chemical substance or activity – this includes providing adequate training, instructions and supervision
  • A competent person to take care of health and safety – to oversee day-to-day safety management and inspections and liaise with staff safety representatives
  • Facilities to staff welfare

If an employer is not sure how to make the workplace as safe as possible and in accordance with health and safety regulations, they can always contact, for example, the HSE (Health and Safety Executive) to seek advice and guidance.

What Are the Consequences of Breaching Health and Safety Laws?

The consequences of breaking health and safety law can range from fines, enforcement action and imprisonment – or a combination of all three. Initially, the HSE (Health and Safety Executive) can only issue an improvement or prohibition order to a company that is breaching the legislation.

However, severe breaches will incur greater penalties, including fines of up to £20,000. Health and safety violations that endanger lives can result in unlimited fines or imprisonment. If an employee is injured as a result of health and safety breaches, they can also sue.

Failing to comply with health and safety rules can also impact your business reputation as a result of disqualification from your industry sector, potentially leaving your enterprise in ruins.

What Kind of Health and Safety Cases Has Cartwright King Covered?

Our experience with health and safety cases spans across:

  • General Health and Safety duties
  • Construction Design and Management
  • Management of health and safety
  • Director’s health and safety duties and obligations
  • Police powers and procedures
  • Corporate Manslaughter and Homicide
  • Gross negligence manslaughter
  • Coroner Inquests
  • Working at height
  • Provision of work equipment
  • Gas safety
  • Fire Safety
  • Proceedings in the Magistrates’ Court, Crown Court and Court of Appeal

Our extensive experience of dealing with the HSE, Local Authority Environmental Health teams, the police and Courts means that we’re well positioned to advise and represent you. There aren’t many accusations of health and safety violations that we haven’t come across before.

What types of businesses has Cartwright King represented in health and safety cases?

Cartwright King is accredited on a national basis in Chambers and Partners and the Legal 500. This means that we have been trusted to take actions on behalf of all kinds of businesses faced with health and safety issues, including, but not limited to:

  • Civil Engineering
  • Construction 
  • Farming, Agriculture and Agri-chemicals
  • Landscaping
  • Light and Heavy Industry
  • Manufacturing
  • Mining and Aggregates
  • Public Events, Displays and Attractions
  • Restaurants, Catering, Hotel and Leisure
  • Retail
  • Showmen
  • Social Care and Care Homes
  • Sports and Entertainment
  • Transport and Distribution

Who is responsible for workplace health and safety?

Workplace health and safety is a critical responsibility of all business owners and employers. The Health and Safety Executive (HSE) regulates all health, safety and welfare in places of work by The Health and Safety at Work Act 1974. Under this legal ruling, it is the duty of employers to protect their employees, putting the necessary safeguards in place to reduce all risks. This responsibility also stems to include carrying out all required risk assessments and maintenance/management of safety procedures. Failure to do so can result in legal action and the need for a Health and Safety solicitor.

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