7th September 2016
In HM Inspector of Health & Safety v Chevron North Sea Ltd, the Supreme Court will for the first time consider the nature of an appeal against an enforcement notice under section 24 of the Health and Safety at Work etc Act 1974.
In April the Inner House of the Court of Session held that evidence obtained after service of an enforcement notice could be relied on by an Employment Tribunal in deciding whether to affirm or cancel the notice when hearing an appeal under section 24 HSWA. The case is reported at  CSIH 29. The Court of Session granted permission to appeal.
The Court of Session decided to take a different approach to the Court of Appeal when hearing Hague v Rotary Yorkshire Ltd  EWCA 696. In that case the Court of Appeal held that such later obtained evidence was to be left out of account by the Tribunal.
Although the HSWA applies throughout the UK the two conflicting decisions have left the law in an unsatisfactory position. The Supreme Court will now have an opportunity to resolve this conflict. The hearing has not yet been listed.