1. An appeal against an improvement or prohibition notice is heard by an Employment Tribunal.1 The principal provisions which regulate the hearing of these appeals are to be found in the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, SI. 2004/1861.
2. Schedule 4 of the Regulations specifically deals with appeals against notices and is referred to as the Employment Tribunals (Health and Safety – Appeals Against Improvement and Prohibition Notices) Rules of Procedure 2004. Schedule 1 deals with the powers available to Tribunals generally to deal with employment-related appeals. Schedule 4 specifically disapplies many of the general rules in Schedule 1 in proceedings concerned with appeals against Enforcement Notices.
3. The rules for appeals against improvement or prohibition notices empower the Tribunal to do the following, but only upon receipt of an application from one of the parties 2:
4. The Rules allow the appellant to:
5. An appeal is heard by an Employment Tribunal comprising:
6. A Tribunal hearing can proceed with just the chairman and one member if the parties consent. In that situation the chairman will have the casting vote.
7. The Rules allow the Chairman sitting alone to make orders in relation to any matter that appears to him to be appropriate to the proceedings. However, in appeals against Enforcement Notices, that power is limited and cannot be exercised proactively. The Tribunal or Chairman only has the power to make orders following an application by one of the parties. If you receive directions from a Tribunal, you may wish to check that they have been made following an application. 3
8. Section 24(4) HSWA allows an assessor to be appointed for the purpose of any proceedings before the Tribunal, in order to assist the Tribunal members with any technical matters which may arise. An assessor should have special knowledge or experience in relation to the subject matter and any party may apply for an assessor to be appointed. As you are likely to have experience in explaining technical matters you may not need to make this application.