Tree specialists fined after worker falls from height

An employee of AP Tree Specialists Ltd had been carrying out tree surgery from the basket of a mobile elevating work platform (MEWP) at a mobile site in Derby on 25 January 2024. When the machine stopped working while elevated, there was no one on site who could bring the basket safely to the ground. The employee attempted to abseil from the basket, resulting in a fall to the ground.

operatives must receive appropriate training, and that rescue planning, equipment and personnel must be considered as part of site assessment. 

AP Tree Specialists Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £20,000 and ordered to pay £6,956 in costs at Birmingham Magistrates’ Court on 3 December 2025.

Director Matthew Scholes pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £1,000 and ordered to pay £400 in costs.

HSE investigating inspector, Kerry Scott, said: “This incident could have been avoided if AP Tree Specialists Ltd had planned the work at height with suitable and sufficient risk assessments and safe systems of work, including a rescue plan. They should have provided the employee with the correct information, instruction and training for working at height and for using the lifting equipment. HSE will not fail to take action where companies and directors do not ensure the health and safety of their employees.”

This HSE prosecution was brought by HSE enforcement lawyer Arfaq Nabi and supported by paralegal officer Thomas Smith.

The basket of a mobile elevating work platform (MEWP)