An HSE Improvement Notice is not an advisory letter to deal with when workload allows. It is formal legal enforcement requiring a specified contravention to be put right within a defined period. Failing to respond properly can turn an inspection issue into criminal convictions, significant costs and personal consequences for company directors.
A recent prosecution shows how far enforcement can escalate
In August 2026, the Health and Safety Executive reported the prosecution of a sawmill business and its managing director after Improvement Notices were not complied with.
Inspectors had identified deficiencies involving wood-dust exposure, respiratory protection, health surveillance and lift-truck safety. The company was given formal opportunities to put matters right but subsequently failed to comply with the notices.
The business was fined and ordered to pay costs. The managing director was also prosecuted and disqualified from acting as a company director for five years. The case is a clear reminder that formal enforcement should be visible and actively managed at senior level.
An Improvement Notice is a legal requirement
Section 21 of the Health and Safety at Work etc. Act 1974 provides the basis for Improvement Notices. An inspector may serve one where they believe there is, or has been, a contravention of relevant health and safety law and the contravention is likely to continue or be repeated.
The notice should identify the legal requirement involved, the matters giving rise to the contravention and the period allowed for compliance. The notice normally provides time to remedy the breach rather than automatically stopping the activity.
That differs from a Prohibition Notice, which can be used where an activity involves, or is likely to involve, a risk of serious personal injury and may take effect immediately.
The deadline matters, but so does the standard achieved
Compliance is not simply a matter of completing an action before the date printed on the notice. The business needs to bring the relevant activity or management arrangement into compliance with the law.
If the notice concerns inadequate dust control, for example, purchasing an extraction unit is not enough unless the resulting system actually controls exposure adequately. If it concerns plant competence, booking a training course may not solve a wider problem involving authorisation, familiarisation, supervision or unsafe traffic arrangements.
A useful internal test is: can the business demonstrate that the contravention identified by the inspector has genuinely been corrected and that the new arrangement will continue to work?
Evidence might include revised procedures, risk assessments, training records, competent-person reports, photographs, inspection records, purchase or installation evidence and confirmation that the new controls have been briefed and implemented.
Appeal rights exist, but the timescale is short
Section 24 of the Health and Safety at Work etc. Act 1974 provides a formal appeal route. Appeals against Improvement and Prohibition Notices are dealt with through the Employment Tribunal system.
An appeal must normally be lodged within 21 days from the date the notice was served. For an Improvement Notice, an appeal suspends the operation of the notice until the appeal is determined. The position for a Prohibition Notice is different.
A business that believes a notice is technically wrong or disproportionate should therefore obtain competent advice quickly. Informal discussion with the inspector should not be allowed to cause the appeal deadline to pass unnoticed.
Directors can face consequences alongside the company
Section 37 of the Health and Safety at Work etc. Act allows directors, managers and other senior individuals to be prosecuted in certain circumstances where a company offence was committed with their consent or connivance, or was attributable to their neglect.
That does not mean a director is automatically prosecuted whenever the company commits an offence. But where formal enforcement has been served, directors should know what the notice requires, who owns each action, what resources are needed and how completion will be verified.
Ignoring a notice, assuming somebody else is dealing with it or failing to check whether the required action actually happened creates an unnecessary personal and corporate risk.
What should you do now?
- Read the complete notice and identify the exact legal provision involved.
- Record the compliance deadline and appeal deadline immediately.
- Escalate the notice to the appropriate director or senior manager.
- Appoint one competent person to coordinate the response.
- Decide whether interim controls are needed before the permanent remedy is complete.
- Define what compliant performance will look like.
- Allocate the necessary budget, labour and specialist support.
- Keep clear evidence of each corrective action.
- Verify completion independently rather than relying on verbal confirmation.
- Check whether the same weakness exists on other projects or sites.
Our professional view
Receiving an Improvement Notice is serious, but it is also a point at which a business still has a clear opportunity to regain control. The most damaging management failure is to receive a formal, legally enforceable warning and then fail to make sure the required improvement actually happens.
Good directors should be able to answer four questions quickly: what has HSE identified, who owns the corrective action, when must it be completed, and how will we verify that it has worked?
All Star Safety’s health and safety consultancy service includes site audits, management-system support and competent-person assistance. Our IOSH courses also support managers and supervisors in understanding practical risk management and their legal responsibilities.