Claimant v East Ayrshire Council
Outcome
Individual claims
The tribunal affirmed Prohibition Notices issued under the Health and Safety at Work Act 1974 against the appellants. The appellants operated a hot tub/spa pool without adequate control measures to prevent risk of serious personal injury from legionella and other infectious agents. The tribunal found the appellants lacked understanding of the risks, failed to maintain proper bromine disinfectant levels (4-6 mg/l), had no effective scheme of control, did not conduct required microbial testing, and used inadequate testing methods. The system was deemed unsafe and out of control at the time the notices were served.
Facts
The appellants operated a four-person hot tub/spa pool at their day spa in New Cumnock. Following a health and safety inspection on 14 November 2024, East Ayrshire Council environmental health officers found serious deficiencies in the operation of the spa pool, including inadequate chemical disinfection (bromine levels below required 4-6 mg/l), no risk assessment or scheme of control, no microbial testing, inadequate cleaning procedures, and lack of knowledge by the operator about safe operation. Prohibition Notices were issued on 15 November 2024 requiring immediate cessation of spa pool operations until safety measures were implemented.
Decision
The tribunal unanimously affirmed the Prohibition Notices. The tribunal found that at the time the notices were served, the appellants' hot tub activities involved a risk of serious personal injury from exposure to legionella and other dangerous bacteria. The appellants failed to demonstrate understanding of the risks, maintain proper chemical levels, conduct required testing, or implement an effective control system. The evidence showed bromine levels had been recorded as low as 2.5 mg/l when 4-6 mg/l was required, and no microbial sampling had been done in 18 months of operation.
Practical note
Operators of commercial spa pools and hot tubs must demonstrate comprehensive understanding of legionella risks and maintain rigorous control systems including proper chemical dosing (4-6 mg/l bromine), twice-daily testing, regular shock dosing, and monthly microbial sampling to avoid prohibition notices for serious health and safety risks.
Legal authorities cited
Statutes
Case details
- Case number
- 4107571/2024
- Decision date
- 8 July 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Name
- East Ayrshire Council
- Sector
- local government
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Operator of day spa
Claimant representation
- Represented
- No