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UK Law on Health and Safety

In the UK, the authority that underpins the enforcement of Health and Safety is the UK legal system – a system that is not fully understood by many UK citizens.

Whilst it isn’t possible to cover in a few brief paragraphs all the information, it is possible to explain some of the fundamental principles, which can help to dispel a little of the mystique that surrounds the subject.

In understanding the UK legal system it is important to recognise that it isn’t a single system at all.

Common and Statute Law

First it is necessary to appreciate that there are two distinct codes of law in operation, namely Common Law and Statute Law.

Common Law came first and in fact has been around for hundreds of years. In effect, it embodies the rules of acceptable behaviour within society that have been established by custom and by decisions made down the years in the courts (precedents).

A precedent is established when a final decision has been made about a matter in a court. Should a set of circumstances occur in the future that are essentially the same, then the same decision will apply. Furthermore, a case that is decided in a higher court will always apply in a lower court and therefore precedents tend to be set in the highest courts.

This concept of precedence brings a fair degree of consistency to court decisions whilst still allowing the application of law to be adjusted in the light of current circumstances. There remains, however, a measure of uncertainty when establishing the degree to which the case being tried is the same as an earlier case and therefore whether or not the same decision necessarily applies.

Statute Law is rather more precisely defined in the form of written statements that are passed by parliament, i.e. Acts of Parliament. Because of its origin, Statute Law takes precedence over any other legal code.

The Act of Parliament doesn’t always include all the legal aspects for the area it is intended to cover. In some cases, it embodies the general principles but also empowers the government (or sometimes another official body) to issue additional statements that define the legal position in greater detail. These additional statements are known as delegated legislation, which in health and safety terms takes the form of Regulations.

Since Parliament is the supreme authority in the land, an Act of Parliament cannot be challenged in the courts. However, it is possible to challenge delegated legislation that has not been through the same parliamentary process. For example, such a challenge may be mounted on the basis that the body issuing the delegated legislation has exceeded its powers or that the legislation is inconsistent with some aspect of common law.

Criminal and Civil Law

Having seen that there are two distinct legal codes, we must now distinguish between two different types of legal case, Criminal Law and Civil Law:

Criminal Law concerns itself with offences that have been committed against society in general. In other words, the accused person is suspected of having violated the basic rules by which society operates and governs itself. If found guilty, the offender normally faces some form of punishment, which is typically in the form of a fine (financial), an activity (community service) or some form of restraint such as prison.

In England, criminal cases are brought to court by the Crown Prosecution Service and in Scotland prosecutions are brought by the Procurator Fiscal. Minor criminal cases are tried in the Magistrates Court, while more serious cases are normally subject to trial by judge and jury in the Crown Court.

Civil Law, in contrast, is concerned with the rights and duties of individuals (and companies) toward each other. It is the aggrieved party who brings a case against the person or company who they believe is responsible for the wrongdoing. The purpose of the case, if proven, is that the perpetrator of the wrong should put matters right by making good any losses that have been caused and perhaps through payment of compensation.

Under civil law, minor cases are typically tried in the County Court while more serious cases are tried before a judge (and sometimes a jury) in the High Court.

An important distinction between Criminal and Civil cases is in regard to the burden of proof. In a criminal case, guilt must be proven beyond reasonable doubt. However, civil cases are decided on the basis of the balance of probabilities.

Health and Safety

So how does all this apply in practice?

First it explains why health and safety law is presented in the form of a number of Acts of Parliament that are supplemented by various Regulations. Employers (and others) must comply with this Statutory Legislation or risk criminal prosecution for failing to do so. Criminal prosecutions are not brought by individuals but are brought by such bodies as the Crown Prosecution Service or the Procurator Fiscal. If the case is proven beyond reasonable doubt, you are convicted and could face a fine or a period of imprisonment.

However, if something goes wrong and as a result someone is harmed, they may decide to initiate action through a civil court case. In this instance, the case is decided on the balance of probabilities and, if found guilty, you would be required to put things right, which might include payment of compensation amongst other costs.

The two kinds of court action are not mutually exclusive and if something goes wrong you could be prosecuted under criminal law or civil law or both.

All in all, the cost could be considerable when you take into account time spent during investigation and trials, the costs of court proceedings, legal expenses, possible penalties if convicted, the impact on insurance premiums and the cost of bad publicity. These are merely the financial costs and don’t take into account the cost in human terms for everyone involved.

It is for this reason that more and more organisations are realising that taking appropriate health and safety measure to reduce the risk of people being harmed is actually a worthwhile financial investment as well as being ethically responsible conduct.

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