Sentencing Council Update June 2025

Effective 1 June 2025, the Sentencing Council in England and Wales revised its Health & Safety Definitive Guideline to clarify how courts should fine Very Large Organisations (VLOs), those with turnover well above £50 million.

The guideline now states that where an organisation’s size far exceeds the "large" threshold, courts should consider fines outside the standard range, ensuring fines are:

• Proportionate to harm and culpability

• Reflective of company means

• Effective in delivering punishment and deterrence

• No fixed turnover threshold defines a VLO—judges must use discretion, reflecting established case law without a bright-line rule.

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Risk of Higher Fines

• Firms with very high turnover can now face fines well above traditional bands—potentially six‑ or seven‑figure sums, even when smaller companies would have paid less (britsafe.org).

• This move brings long‑needed consistency for sentencing VLOs, reducing reliance on judges’ ad‑hoc decisions (britsafe.org).

Recent HSE Prosecutions & Fines

The HSE has recently pursued several large enforcement actions for safety breaches:

• £309,517 fine (plus costs) for ADM Milling after a worker lost a finger when an 800 kg machine tipped during unsafely planned maintenance

• £300,000 fine following a severe hand injury at a flour mill due to unplanned machinery maintenance.

• £100,000 fine (plus £1,822 personal fine) for a fall-through-roof incident at Norman Iveson Steel Products, resulting in life-altering injuries for the worker.

• £60,000 fine (plus £7,363 costs) for Inova Stone Ltd after failing to control respirable silica dust and leaving unguarded machinery in a stone workshop.

• Multiple dust‑related fines, including:

  • £63,000 & £25,622 costs for Nofax (silica and wood dust exposure)

  • £18,000 + costs for Warmsworth Stone (repeated silica control failures)

  • Other fines (£4k, £6k, £14.7k, £160k) across several small firms for dust exposure.

Additional notable prosecutions:

• £40,000 for a college after a student lost fingers in a saw

• £26,000 for radiation overexposure at Mistras Group

• £200k+ for hand‑arm vibration injuries in car dealership

• £3 million+ against British Airways after fall‑from‑height incidents among staff

  
  

Key Takeaways for Businesses

VLO Status	If your turnover greatly exceeds £50 m, expect significantly higher fines, potentially seven figures.
Enforcement Focus	HSE is cracking down on maintenance, dust control, machinery safety, working at height, and radiation protection.
Proactive Measures	Conduct thorough risk audits, update control measures, and ensure staff training/documentation.
Financial Planning	Budget for possible high penalties; mitigation evidence (training, maintenance logs, proactive measures) can reduce fines.

What You Should Do Now

1. Assess Turnover Category: Determine if you're classed as a VLO, expect courts to levy fines above standard bands if you are.

2. Audit High-risk Areas: Prioritise maintenance safety, dust/RCS control, machinery guarding, fall prevention, and radiation protocols.

3. Document EVERYTHING: Regular risk assessments, safety logs, training records, and equipment maintenance documentation are vital for mitigation.

4. Train & Empower Staff: Make sure employees and contractors understand and can manage risk factors.

5. Plan for Legal Outcomes: Establish a foundation to reduce potential fines, evidence of proactive compliance is critical.

The updated Sentencing Council guidelines and aggressive HSE enforcement mean businesses, especially very large ones,must treat safety compliance as a top priority. Ensure risks are managed, controls are in place, and records are robust. Doing so doesn’t just protect your people, it could save your company from financial disaster.