The Health and Safety Offences Act 2008 received Royal Assent on 16 October 2008 and came into force on 1 January 2009. It amends Section 33 of the Health and Safety at Work etc Act 1974 and has increased penalties for breaches of health and safety legislation. It also provides the courts with greater sentencing powers for those who flout health and safety law.
Under the Act the maximum penalty that can be imposed for breaching health and safety regulations in the lower courts has been increased from £5,000 to £20,000 and the range of offences for which an individual can be imprisoned has also been broadened.
The changes are intended to allow more health and safety prosecutions to be dealt with in the lower courts and also to make the threat of imprisonment a reality for more blameworthy offences.
View the Health and Safety Executive's guide to health and safety law.



Dealing with stress in the workplace is a difficult issue for employers who owe employees a common law duty to control stress levels. In 2002, the Court of Appeal (in Sutherland v Hatton) provided 16 points as guidance on the legal position concerning stress claims. In 2004, the House of Lords endorsed this general statement of the law (in Barber v Somerset County Council) but stressed it was only guidance and that each case would hinge on the particular facts under consideration. The case of Dickins v O2 plc, detailed in this article on our website, spells a clear message for employers: that stress cannot be ignored and it is important to have a formal stress policy in place. Employers should be alert to the signs of stress and once aware that a problem exists, investigate and take appropriate action at once.


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