Claimant v Harper UK (Aberdeen) Ltd
Outcome
Individual claims
This was an appeal against a Prohibition Notice under section 24 of the Health and Safety at Work Act 1974. The tribunal affirmed the Prohibition Notice by consent, with a minor modification deleting specific wording about positioning within the first 90 degrees of rotation from the operator's position. The respondent company's appeal was partially successful in that the notice was modified.
Facts
Harper UK (Aberdeen) Ltd appealed against a Prohibition Notice issued by HM Inspector of Health and Safety Graham McEvoy on 22 October 2024. The notice related to health and safety risks concerning operator positioning and rotation requirements. The parties reached a consent agreement to modify the notice.
Decision
The tribunal affirmed the Prohibition Notice by consent with a modification deleting specific wording about positioning within the first 90 degrees of rotation from the operator's position. The appeal was resolved by agreement between the parties.
Practical note
Health and safety prohibition notice appeals can be resolved by consent with agreed modifications to the terms of the notice.
Legal authorities cited
Statutes
Case details
- Case number
- 4107405/2024
- Decision date
- 18 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- solicitor