Prosecution charges for health and safety violations are rising year on year, with businesses racking up millions in fines, says Breathe HR, which helps more than 17,000 small-to-medium-sized enterprises (SMEs) with their health and safety compliance processes.
After making a Freedom of Information (FOI) request to the HSE to access data on workplace health and safety violations and fines recorded between January 2021 and March 2026, Breathe HR discovered that, collectively, British firms were fined, on average, nearly £44.1m annually across this five-year period.
Breathe HR is calling on SMEs, which make up 99% of the UK’s businesses, to audit and enhance their health and safety policies to avoid these huge financial penalties and, most importantly, to protect their employees.
The HSE data revealed that the total value of fines handed to employers for health and safety regulatory breaches topped almost £40.9m. This figure falls slightly below the five-year average (£44.1m) and is not quite as high as the £43.9m for total fines issued in 2024.
According to the FOI findings, the number of serious health and safety breaches that resulted in prosecution charges has increased steadily over the past three years, rising from 428 in 2023 to 446 in 2024 and 496 last year.
So far this year, the HSE has issued 189 prosecution charges, which collectively have cost businesses nearly £2.6m in fines.
According to Breathe HR’s analysis, should the pace of charges continue at the latest rate, the total prosecution charges for 2026 will significantly surpass last year’s figures.
When it analysed the data by sector, the HR firm found that construction firms were issued with the greatest number of prosecution charges last year, accounting for 38% of all prosecution charges brought against businesses.
“Reviewing health and safety policies and risks might not be the most glamorous task on employers’ to do lists’, but it’s not something leaders can afford to overlook”
The HSE data analysis also reveals that Cambridgeshire County Council received the largest single fine last year. The local authority was fined £6m for breaching the Health and Safety at Work Act. This is one of the highest maximum fine issued to a single entity in the past five years.
‘Reviewing health and safety policies and risks might not be the most glamorous task on employers’ to do lists’, but our research shows it’s not something leaders can afford to overlook,’ said Phil Coxon, Breathe HR’s Managing Director, who pointed to the yearly increase in prosecution charges for OSH violations.
‘Robust health and safety initiatives are also essential for preserving the health of the business, especially in this economy. SMEs, in particular, are feeling the effects of the current harsh economic headwinds and rising operating costs. An unexpected fine could be enough to sink some SME ships.
‘To safeguard staff and avoid hefty fines, businesses must act now to shore up their health and safety practices.’
The findings coincide with advice that the Federation of Small Businesses has given, which is that unparallelled cost pressures are pushing businesses to the brink.
