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The Tribunal upheld service of ESOS notices but found the ÂŁ33,750 civil penalty unreasonable, reducing it to ÂŁ16,875 and directing a revised notice.
The penalty imposed was unreasonable because the respondent incorrectly assessed the appellant as a large organisation at the date of the notice, failed to consider mitigation, and set the penalty at the top of the range without proper basis. The correct penalty, considering the appellant's medium size and mitigating factors, is ÂŁ20,000.
Source excerpt
The Tribunal found that while the Appellant was the responsible party at the relevant compliance dates, the Respondent's categorisation of the breach as 'negligent' was not supported by the evidence. The penalty imposed (ÂŁ22,950) was manifestly excessive given the circumstances, including the Appellant's compliance in the previous period, the sale of the subsidiary, and lack of aggravating factors. The only reasonable conclusion was that the breach was of low culpability, warranting a reduced penalty of ÂŁ4,500.
Source excerpt
The tribunal dismissed Morgan Philips UK Limited’s appeal against an Environment Agency civil penalty under the ESOS Regulations after finding the company remained medium-sized.
The Tribunal allowed Deckers Europe’s appeal against an ESOS civil penalty, finding the Environment Agency’s full penalty unreasonable and reducing it to £5,000.
The Tribunal allowed Elizabeth Arden’s appeal against an ESOS civil penalty, finding COVID-19 and service issues were not properly considered and culpability was overstated.
The Tribunal dismissed Chef Express UK Limited’s appeal against a £27,000 ESOS civil penalty, finding no error of fact or law and no unreasonableness.
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