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England and Wales decisions
Decisions matching the current search
La apelaciĂłn se desestimĂł: el Tribunal confirmĂł el Enforcement Notice porque la empresa seguĂa siendo una “large undertaking” bajo las ESOS Regulations 2014.
Tribunal upheld an ESOS civil penalty against Azenta UK Limited but reduced it slightly, finding the earlier notices were sufficiently served and the penalty only partly unreasonable.
The tribunal found that the appellant met the definition of a relevant undertaking based on employee numbers at the relevant time, that the Environment Agency followed proper procedures and issued the enforcement notice reasonably and lawfully, and that the notice was not based on an error of fact or law.
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The Environment Agency's decision to impose and quantify the penalty was rational, principled, and consistent with its published policy. The penalty amount was within the appropriate range, and no error of fact, law, or unreasonableness was established. The appeal is dismissed.
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Service of the Penalty Notice was ineffective because it was not served by post to the registered office nor to an email address provided in accordance with Schedule 3 of the Regulations. Therefore, the Penalty Notice was wrong in law and must be cancelled.
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The penalty imposed was not reasonable as there was no justification for departing from the penalty starting point of ÂŁ1,000; the appellant's breach was negligent but not aggravated, and the civil penalty should be reduced accordingly.
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The Upper Tribunal held that the First-tier Tribunal erred in law on service of ESOS notices, set aside the decision, and remitted the case for rehearing.
The tribunal dismissed Teradata Ltd’s appeal and affirmed an Environment Agency civil penalty for ESOS non-compliance, finding the company negligent and sufficiently on notice by 7 December 2021.
The tribunal allowed Kaspersky Labs Limited’s appeal against an ESOS civil penalty, holding the original amount too high and substituting a £28,688 penalty.
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