Introduction to Health and Safety at Work

Figure 1.2
The court system in England and Wales for health and safety.
European Courts
House of Lords
Court of Appeal
Employment
Appeals
Tribunal
Employment
Tribunal
County
Court
Civil Law
Criminal Law
Magistrates
Court
High Court
Queens Bench
Division
Crown
Court

---

Health and safety foundations
5
1.4.2 Civil 
law 
County Court
The lowest court in civil law is the County Court which 
only deals with minor cases (for compensation claims of 
up to £50 000 if the High Court agrees). Cases are nor-
mally heard by a judge sitting alone. For personal injury 
claims of less than £5000, a small claims court is also 
available.
High Court
Most health and safety civil cases are heard in the High 
Court (Queens Bench Division) before a judge only. It 
deals with compensation claims in excess of £50 000 
and acts as an appeal court for the County Court.
Appeals from the High Court are made to the Court 
of Appeal (Civil Division). The House of Lords receives 
appeals from the Court of Appeal or, on matters of law 
interpretation, directly from the High Court. The most 
senior judge at the Court of Appeal is the Master of the 
Rolls.
The judges in the House of Lords are called Law 
Lords and are sometimes called upon to make judgments 
on points of law, which are then binding on lower courts. 
Such judgments form the basis of Common Law, which 
is covered later.
Other courts – Employment Tribunals
These were established in 1964 and primarily deal with 
employment and conditions of service issues, such as 
unfair dismissal. However, they also deal with appeals 
over health and safety enforcement notices, disputes 
between recognized safety representatives and their 
employers and cases of unfair dismissal involving health 
and safety issues. There are usually three members who 
sit on a Tribunal. These members are appointed and are 
often not legally qualifi ed. Appeals from the Tribunal may 
be made to the Employment Appeal Tribunal or, in the 
case of enforcement notices, to the High Court. Appeals 
from Tribunals can only deal with the clarifi cation of points 
of law.