Kinsley Eze v Health & Safety Executive

Health and safety at work – Health and safety inspector. The appellants appealed against the decision of the employment tribunal, upholding prohibition notices issued on the basis that building works were being carried out in a dangerous fashion. The Administrative Court held that the tribunal had misdirected itself on the issue it had had to determine. Applying the proper test, the prohibition notices against the first appellant had been valid, as he had been in sole control of the site at the material time. However, the tribunal had erred in affirming the notices in the second appellant's case, absent evidence that she had been in joint sole control of the site.

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