A new Freedom of Information (FOI) request has discovered that health and safety violations cost British employers over £44 million per year. The Health and Safety Executive (HSE) revealed that serious breaches have resulted in an increasing number of prosecutions between 2023 and 2025.

The figures show that between 2021 and 2025, the average annual fines to businesses averaged £44.1 million a year, with 2025 showing a slight decline to £40.9 million. In contrast, the number of serious breaches resulting in prosecution charges increased over the last three years, rising from 428 in 2023 to 446 in 2024 and 496 in 2025.

These numbers are expected to increase in 2026. Prosecution charges are brought against companies, owners and directors when an investigation is in the public interest and reveals a serious breach of regulations.

The FOI request came from Breathe HR, experts in human resource management and compliance supporting Small to Medium-sized Enterprises (SMEs). It warns that as costs continue to rise for small businesses, a health and safety violation could financially cripple a company.

Construction firms accounted for 38% of prosecution charges last year, the largest sector.

Phil Coxon, Managing Director at Breathe HR, said, “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.”

Good health and safety policy

His company recommends several general steps that businesses should take to remain compliant.

• Create a health and safety policy, review it regularly and store it somewhere safe and easily accessible for employees.
• Appoint one clear ‘competent person’ responsible for health and safety overall. Ensure there’s clear day-to-day responsibility at each site or location.
• Complete suitable and sufficient risk assessments for all workplaces, sites and activities. Review them regularly.
• Be ready to show evidence of what you’ve done for audits, insurers or client requests. Keep accurate and contemporaneous records, including tracking incidents.
• Make sure employees know and understand the company’s policy on health and safety. Display a health and safety law poster at each working location.
• Carry out regular risk assessments and put controls in place to address hazards.
• As well as a well-thought-out first aid policy, be aware of employees’ well-being. Employers have a duty of care and must do everything they reasonably can to support health and wellbeing.

Other recommendations for specific risk can be found on the Breathe HR website. https://www.breathehr.com/en-gb/resources/health-and-safety-basics-a-checklist-for-smes

As outlined in Autumn Budget 2025, several changes took place on 6 April that may affect those who use the Construction Industry Scheme.

From April 2026, contractors are required by law to either:

• file a CIS return every month, including nil returns in months where they have not used a subcontractor; or
• inform HMRC in advance that they will not pay subcontractors that month by submitting an inactivity request.

From April 2026, with the nil filing requirement back in place, HMRC have reinstated a full CIS late filing penalty regime. If you file a late CIS return, a £100 fixed penalty will apply. You may also subsequently be charged:

• A second fixed penalty of £200 after two months.
• A tax-geared penalty at six months of a minimum of £300 or 5% of any liability which should have been shown on the return.
• A further tax-geared penalty at 12 months.
  • The amount of this penalty will depend on why the return was late.

In situations where a business makes or receives a payment they knew or should have known was connected to fraud, HMRC now have enhanced powers to immediately remove Gross Payment Status (GPS), assess for lost tax and charge a penalty of up to 30%. If GPS has been immediately removed, the time limit for reapplication is increased from one year to five years.