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Appeals (Section 24): Appeals against notice lie to an employment tribunal within 21
days of service of the notice. The tribunal may extend the time limit for appeal if it is
satisfied that it was not reasonably practicable to appeal within the period.
The appeal must be in writing and addressed to the appropriate secretary of the
tribunals for England and Wales or Scotland.
For an Improvement Notice, the bringing of an appeal has the effect of suspending the
operation of the notice until the appeal is heard or withdrawn. For a Prohibition Notice,
the bringing of the appeal shall have this effect if, but only if, the person appealing
applies for the notice to be suspended and the tribunal so directs. One or more
assessors may be appointed for the purposes of any proceedings brought before the
tribunal.
Contravention of the terms, or requirements, imposed by either a Prohibition or an
Improvement Notice is an offence and may result in criminal proceedings being
instituted against the offender by the inspector issuing the notice.
Prosecution: Proceedings for any offence under the Act can be commenced only by an
inspector or with the consent of the Director of Public Prosecutions (DPP). In important
or complex cases, the DPP may undertake the actual proceedings, particularly where the
public wellbeing is concerned. You will remember that offences under the Act can be
prosecuted as follows:
1.
Triable only summarily - Magistrates Court
2.
Triable either way - Magistrates or Crown Court
3.
Triable only on indictment - Crown Court
Generally, minor offences are dealt with by the Magistrates Court and serious offences
are dealt with by the Crown Court. The determining factors are:
1)
The gravity of the offence
2)
The complexity of the case
3)
The degree of punishment involved
Whether a case is triable summarily or triable on indictment is usually self-evident.
Offences triable either way (hybrid offences) are based on the following factors:
1.
Most either way offences are dealt with summarily (Magistrates Court).
2.
The magistrates may feel that the offence merits a heavier penalty than they can
impose and therefore send the case to the Crown Court for trial.
3.
The prosecution may ask for trial on indictment (Crown Court).
