In this episode, Sam & Nils discuss what you should do if the HSE (Health & Safety Executive) investigates or prosecutes you, and also a Wetherspoons dismissal case which highlights the significance of the appeal process in disciplinary actions.

Key Takeaways:

• Health & Safety Executive (HSE) prosecutions have a very high success rate.
• Seek immediate legal advice when facing a health & safety investigation.
• Companies should fix the issue immediately and improve safety procedures as part of mitigation.
• Courts assess company finances in detail when setting fines, not just headline accounts.
• Community and charitable work can be relevant in reducing financial penalties.
• Mr Davis v Wetherspoons ('Halloumi Fries' case) - employee dismissed for incorrect use of staff discount on takeaway food.
• Appeal officer changed the reasoning for dismissal, shifting it from dishonesty to poor management.
• Tribunal ruled unfair dismissal due to failure to meet the gross misconduct threshold.
• Appeals must review, not replace, the original disciplinary decision.
• Gross misconduct requires a high threshold, usually involving deliberate wrongdoing.
• Poorly handled appeals can expose employers to unfair dismissal claims.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠00:34) What's in Your Inbox?

(⁠⁠00:51) What Should You Do If the HSE Investigates or Prosecutes You?

(⁠⁠04:52) The Importance of Appeals: Wetherspoons Dismissal Case