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.

What rules apply to lone working in the UK?

There is no single UK law that prohibits lone working – working alone is generally legal. However, 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 [1]. The Management of Health and Safety at Work Regulations 1999 further require employers to carry out a risk assessment for all work activities, including lone working, and to take appropriate measures to manage identified risks [1].

Enforcement is carried out by the Health and Safety Executive (HSE), the UK’s primary workplace safety regulator [2].

HSE enforcement and improvement notices

When the HSE identifies a breach of lone working duties, it typically issues an improvement notice, requiring the employer to remedy the situation within a specified time. Failure to comply can escalate the matter and result in prosecution [2].

In serious cases the HSE can issue a prohibition notice, which immediately stops the activity in question until the risk is adequately controlled.

Fines and financial penalties

Fines for breaching the Health and Safety at Work Act can be substantial. Under the Health and Safety Offences Act 2008 and the Sentencing Council’s guidelines (in force since 2016), courts take into account the employer’s culpability, the harm caused or risked, and the organisation’s financial means. Fines for organisations can range from £50 up to £10 million [3].

Criminal sanctions and imprisonment

In the most serious cases – particularly where an employee has been killed or seriously injured – the HSE can refer the matter to the Crown Prosecution Service (CPS) for criminal prosecution. Responsible individuals within the business can face:

  • A fine and/or up to 12 months’ imprisonment in a Magistrates’ Court
  • An unlimited fine and/or up to 2 years’ imprisonment in a Crown Court [3]

Under the Corporate Manslaughter and Corporate Homicide Act 2007, where a lone worker dies as a result of gross management failure, the organisation can face fines of £180,000 to £20 million, and in extreme cases directors may face life imprisonment [3].

Compensation claims

Employees harmed as a result of inadequate lone working protections may bring a civil compensation claim against the employer. This can cover medical costs, loss of earnings, and other damages.

Reputational risk

Breaches of health and safety law – especially those resulting in serious accidents – can cause significant reputational damage and loss of trust among employees, customers and the public. HSE enforcement actions are publicly recorded, and serious incidents often attract media attention with long-term consequences for the business.

The legal consequences are serious and can have lasting effects on your business

In summary, the consequences for employers who fail to meet their lone working obligations in the UK are serious – from improvement notices and substantial fines to criminal prosecution and civil liability. It is essential that employers carry out a formal lone working risk assessment, implement appropriate controls, and ensure lone workers have reliable means of raising an alarm in an emergency.

A personal alarm with man-down alert increases safety in the workplace

Sensorem’s personal alarm is specially designed to increase safety in the workplace. The alarm has an automatic man-down alert that calls alarm recipients using the watch’s built-in speakerphone with two-way communication. If no alarm recipient is able to answer the call, it is forwarded to Sensorem’s alarm centre (or another chosen alarm centre). The personal alarm works outdoors and has built-in GPS positioning so that alarm recipients can see the user’s position on a map in the Sensorem app. The alarm can be pre-programmed to be silent for the user, meaning bystanders cannot hear when the alarm is activated.

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

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