Pallets Limited v Andrew Delaney, Environmental Health Officer PRELIMINARY HEARING — 2023

This was a preliminary hearing on 5 and 6 October 2023 before Employment Judge O’Neill. The appellant, Junction 4 Pallets Limited, challenged the prohibition notice dated 20 December 2022, issue WK/222022891, on the ground that the respondent environmental health officer lacked jurisdiction under the Health and Safety (Enforcing Authority) Regulations 1998. The tribunal heard evidence from Mr Michael Kelly, Mr Andrew Delaney and Mr Daniel Wheatman, and also viewed drone footage of the site.

The tribunal found that the main activity at the Durham Lane site was the sorting, grading, repair and storage of pallets for wholesale distribution. It accepted that the sale of pallets was the core business, that repair work and chipping were incidental, and that the servicing of pallets for clients such as Amazon was financially important but still a growing and relatively small part of the business. On that basis, the site fell within Schedule 1(1) of the 1998 Regulations, so the City of Doncaster Council was the enforcing authority and Mr Delaney was empowered to issue the notice under section 19 of the Health and Safety at Work Act 1974.

The preliminary matter was therefore decided for the respondent. The tribunal held that the appellant's challenge failed because the main activity was the sale and storage of goods for wholesale distribution rather than a different activity taking the site outside local authority jurisdiction.