28/04/2026
Section 37(1) of the Health and Safety at Work etc. Act 1974 is the provision that makes directors and senior managers criminally responsible when a company commits a health and safety offence—and the failure is said to be down to their consent, connivance, or neglect. It is one of the sharpest tools at HSE’s disposal: it turns a corporate failing into an individual allegation with consequences for reputation, careers, and (in some cases) liberty.
So what happened in 2025? An HSE response to a Freedom of Information request gives a clear snapshot of how often Section 37 was used—and, importantly, how often it didn’t stick.
What the 2025 FOI data shows
Timeframe: 1 January 2025 to 31 December 2025 (HSE prosecutions of statutory directors “by virtue of” Section 37).
- 18 directors prosecuted by virtue of Section 37 in 2025.
- 3 directors found Not Guilty.
- 1 director received a Formal Caution
FSW Defending Directors
In 2025 Michael Appleby of FSW Law instructing counsel Tanveer Qureshi of Libertas Chambers secured the acquittals of three directors prosecuted pursuant to section 37.
Case 1
On 18 March 2025 at Southwark Crown Court, the director of a property development company was acquitted after HSE offered no evidence. The prosecution related to corporate failures concerning working at height risk, inadequate fire precautions and significant silica dust exposure. For more information see (Philip please can you put a link to our blog on the case).
https://www.fisherscogginswaters.co.uk/blog/article/374/hse-drops-prosecution-of-director
Case 2
The prosecution was of a director of a skip manufacturing company where HSE alleged that employees were exposed to a material health and safety risk from welding fumes. On 27 August 2025 at Cambridge Crown Court, the director was acquitted after HSE offered no evidence. For more information see (Philip please can you put a link to our blog on the case).
https://www.fisherscogginswaters.co.uk/blog/article/386/hse-drops-section-37-case-against-director
Case 3
A director of a construction company was prosecuted when an employee fell from a ladder sustaining serious injury. On 9 December 2025 at Southwark Crown Court, the jury returned a not guilty verdict after just 35 minutes of deliberation. For more information see (Philip please can you put a link to our blog on the case).
https://www.fisherscogginswaters.co.uk/blog/article/393/jury-acquits-director-in-35-minutes
Bottom Line
Section 37 is about holding company directors (or senior managers) personally responsible if it can be proved they were in some way to blame for the company committing an alleged health and safety offence. What they did as a director (and what their role involved) will be an important part of deciding that.
It is important to emphasise that a director is not automatically guilty just because their company is guilty – consent or connivance or attributable neglect still have to be proved. If you’re a director facing investigation, treat the case like the serious, evidence-driven criminal prosecution it is.
FSW Law are a London based law firm who specialise in Health, Safety and Environmental Law. If you have recently had a health and safety incident occur in your workplace and require legal advice, please phone us on 0207 993 6960.