MWH UK Ltd v Health and Safety Executive

Health and safety at work – Employer's duties. The employment tribunal affirmed, with modifications, an improvement notice issued by the health and safety inspector, finding that the claimant had given unsuitable and insufficient advice in relation to the risk of presence of asbestos. The tribunal left the parties to agree the actual modifications to the notice. The claimant appealed. The Administrative Court, in dismissing the appeal, held that there was no detectable error of law in the tribunal finding that the claimant had failed to advise on the obtaining and including of a full asbestos survey. Further, the modifications were permissible and there were procedural mechanisms for making the modified terms certain.

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