Online, Virtual and Classroom Courses
Fully Certified NEBOSH, IOSH, ISEP Accredited
7-Day Customer Service

Tougher Penalties for Health and Safety Breaches

February 2014

Tougher penalties are being dished-out to employers who breach health and safety laws following a change in the approach to prosecutions, according to a report released in January.

The report, wordily entitled 'Health and Safety Act 2008 Post Legislative Scrutiny Memorandum', prepared by the Health and Safety Executive and commissioned by the Department for Work and Pensions, reveals how changes introduced under the Health and Safety (Offences) Act 2008 have led to more cases being tried in the lower courts, convicted offenders being given higher fines, and more custodial sentences for bosses who disregard the welfare of their staff or the public.

Minister of State for Health and Safety, Mike Penning said:

"By handling greater sentencing powers to Magistrates and Sheriffs it has sent a clear message to unscrupulous employers that if they do not take their responsibilities seriously they will face stiff penalties, which include heavy fines and ­ in the very worst cases ­ prison."

He said that the burden of prosecuting all but the most serious cases through the Crown Courts has been removed, adding that the process of going through the Crown Court was generally less efficient, more time-consuming and more expensive than hearings held at lower courts.

Key findings of the report include:

  • 86% of cases were heard in the lower courts after the Act came into force compared to 70% in the period leading up to its introduction;
  • The average fine imposed by the courts involving breaches of health and safety regulations alone increased by 60 per cent, from £4,577 to £7,310;
  • For cases involving breaches of both health and safety regulations and the HSWA 1974, the average increase was 25 per cent from £13,334 to £16,730;
  • 346 cases attracted fines of more than £5,000 ­ prior to the Act, the maximum fine that could be imposed was capped at £5,000.

Steve Terry, Managing Director at Astutis commented:

"Astutis prefers the power of persuasion and implementing a practical approach to the management and compliance of health and safety and will advise clients accordingly.  However, in circumstances where companies fall below the expected standards of health and safety management, we welcome the tougher penalties and expect they will act as a deterrent to corner-cutting."

The purpose of the Act was to increase the maximum penalties for workplace health and safety offences that could be heard in both the lower and higher courts. It was believed that if the penalties were increased it would provide a greater deterrent to would-be offenders. The maximum fine that could be imposed by the lower courts increased four-fold from £5,000 to £20,000.

Magistrates and Sheriffs were also given greater powers to send an offender to prison. In the past, custodial sentences were reserved for special cases, but now someone can be sent to prison for the majority of offences.

Additionally, certain offences that in the past could only be tried in the lower courts, such as the failure to comply with an improvement order, were made triable in either court, meaning the offender could face a much tougher sentence if their case was referred to the Crown Court.

Click here to read the HSE's full report.

Related News

  • 25% Off Black Friday Sale | Bigger Savings, Better Outcomes Image

    25% Off Black Friday Sale | Bigger Savings, Better Outcomes

    Astutis Black Friday sale now live. Save 25% on IOSH, NEBOSH and ISEP courses with code 25BF. Limited time offer on industry-leading health and safety training.
    12.11.25
  • Astutis Sponsors ISEP Connect | Join Us for Two Days of Environmental Excellence Image

    Astutis Sponsors ISEP Connect | Join Us for Two Days of Environmental Excellence

    Discover why Astutis is sponsoring ISEP Connect 2025. Join this award-winning online conference on 9-10 December for networking and career growth.
    11.11.25
  • Astutis Unveils a Newly Optimised Version of the IOSH Managing Safely® Online Course Image

    Astutis Unveils a Newly Optimised Version of the IOSH Managing Safely® Online Course

    Discover Astutis's enhanced IOSH Managing Safely course with interactive videos, streamlined design, and innovative learning features for better retention.
    30.10.25
  • Help Us Uncover the Corporate Sustainability Disconnect Image

    Help Us Uncover the Corporate Sustainability Disconnect

    Share your experience in our 2-minute survey exploring the gap between corporate sustainability goals and real-world implementation. Take part today.
    29.10.25
  • Astutis to Sponsor the Annual NEBOSH Online Conference 2025 Image

    Astutis to Sponsor the Annual NEBOSH Online Conference 2025

    Discover world-class safety insights at the NEBOSH Online Conference. Join expert sessions on PPE, workplace wellbeing, and the future of OSH practice.
    22.10.25
  • Astutis Newsletter | Edition Ten Image

    Astutis Newsletter | Edition Ten

    Discover AI hazard detection, psychosocial risk trends, and quick safety wins for 2025. Expert insights to future-proof your health and safety career through the Astutis Newsletter Special Edition Ten.
    15.10.25
Section Curve
Case Studies

Real Life Stories

Find out how learners look back on their training with Astutis. Our case studies give our learners, both individual and corporate, a platform to share their Astutis experience. Discover how training with Astutis has helped past learners and delegates make the world a safer place, one course at a time.
More Image
Bottom Curve
What People Say

Hear What Our Learners Have To Say

We're always there for our customers. 98% of our learners rated their overall experience as good or outstanding. We will always pride ourselves on our customer service. But don’t take our word for it, here is what our customers have to say
  • "Excellent support received from all team. Thank you very much"

    Umer
    26.11.2025
  • "Great learning experience"

    Umer
    26.11.2025
  • "Great resources for the course, great communication from Astutis regarding resits etc. I enjoyed the webinars."

    19.11.2025
  • "The course was fantastic - the course content along with the resources and webinars provided by Astutis gave me really great support throughout."

    19.11.2025
  • "Very well delivered course. The trainer was very knowledgeable and created a very relaxed but informative training session. The course handouts were of very good quality."

    Richard
    18.11.2025
  • "The course delivered exactly what it was supposed to. The trainer was very approachable and created a relaxed and informative learning environment."

    Richard
    18.11.2025
  • "trainer was very knowledgable answered questions with ease"

    Gary
    18.11.2025
  • "i was very impressed with instructors knowledge."

    Gary
    18.11.2025
  • "Great on line platform - easy to understand and good pace. The end test - you really had to think about - it’s tested knowledge - great option for learning CDM"

    Neil
    12.11.2025
  • "Great on line platform and great pace for learning"

    Neil
    12.11.2025