What happens if I as an employer break the rules on lone working?

2024-02-26

In the UK, lone working is governed by the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999. Breaching these duties can lead to HSE enforcement action, substantial fines and in serious cases imprisonment. Here we explain what the law requires and what the consequences of a breach can be.

What rules apply to lone working in the UK?

The Health and Safety at Work Act 1974 (HASAWA) requires every employer to ensure, so far as is reasonably practicable, the health, safety and welfare of all employees – including those working alone. The Management of Health and Safety at Work Regulations 1999 further require employers to carry out a suitable and sufficient risk assessment for lone workers and to take appropriate measures to manage identified risks [1].

Enforcement is carried out by the Health and Safety Executive (HSE) [2]. Safety at the workplace for HR managers covers the broader responsibilities that come with employing people in higher-risk settings.

HSE enforcement notices

When the HSE identifies a breach of lone working duties, it will typically issue one of two types of notice:

  • Improvement notice – requires the employer to remedy the breach within a specified time frame
  • Prohibition notice – immediately prohibits an activity that involves a risk of serious personal injury until the risk is adequately controlled

Failure to comply with either notice is a criminal offence in itself [2].

Fines

Under the Sentencing Council’s definitive guideline (in force from 2016), courts take into account the employer’s culpability, the harm caused or risked, and the organisation’s size and financial means. Fines for organisations can range from £50 to £10 million for the most serious breaches [3].

Criminal prosecution of individuals

For individuals (directors, managers, sole traders), the Magistrates’ Court can impose fines and/or up to 12 months’ imprisonment. The Crown Court can impose unlimited fines and/or up to 2 years’ imprisonment [3].

Corporate manslaughter

Where a lone worker dies as a result of a gross failure in the way the organisation managed health and safety, the company can be prosecuted under the Corporate Manslaughter and Corporate Homicide Act 2007. Fines are typically £180,000 to £20 million or more, and courts may also impose a publicity order [4].

Civil liability and compensation

Employees injured as a result of inadequate lone working arrangements may bring a civil compensation claim against the employer. All UK employers with one or more employees are legally required to hold employers’ liability insurance [5].

Reputational risk

HSE enforcement notices, prosecutions and convictions are publicly available and frequently reported in trade press and local media. For organisations in regulated sectors – care, security, construction – reputational damage can affect contracts, tenders and staff recruitment.

The consequences are serious – prevention is far cheaper

In summary, the consequences of breaching lone working obligations in the UK can be severe. A documented risk assessment, a clear lone worker policy and a reliable lone worker alarm are the most effective preventive measures.

A personal alarm with man-down alert increases workplace safety

Sensorem’s personal alarm is designed specifically to increase safety for lone workers. The alarm has an automatic man-down alert that calls alarm recipients via the watch’s built-in speakerphone with two-way communication. If no recipient answers, the call is forwarded to Sensorem’s alarm centre. The alarm works outdoors and has built-in GPS positioning so that recipients can see the user’s location on a map in the Sensorem app. The alarm can be pre-programmed to be silent for the user.

 

READ ABOUT HOW SENSOREM’S PERSONAL ALARM CAN INCREASE SAFETY IN THE WORKPLACE

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