A construction company and its director have been heavily penalised after workers were repeatedly exposed to severe fall risks during unsafe roof work in central London. B&O Developers Ltd was fined £4,020 with a £1,608 surcharge, while director Sanjay Swaminarayan received a £2,300 fine, a £1,108 surcharge, and was ordered to pay £8,000 in costs following a hearing at City of London Magistrate’s Court on 22 July 2026.
Director also penalised for repeated breaches of safety regulations
The prosecution by Britain’s workplace regulator, the Health and Safety Executive (HSE), followed an investigation into unsafe practices during extension and refurbishment work at what is now the Kings Cross Express Inn on Kings Cross Road. Concerns were initially raised by members of the public who, in January 2024, sent photographs to the HSE depicting individuals working on a roof without any adequate control measures to prevent falls, such as edge protection.
The investigation uncovered that there was no safe means of access to the roof, with operatives observed standing on a makeshift platform precariously balanced on a stepladder. The HSE’s findings confirmed that, on at least two separate occasions, no controls were in place to protect workers, who were employed by a subcontractor, from falling from height. Crucially, measures identified as necessary in the roofing subcontractor’s own risk assessment, including the provision of scaffolding around the roof, had been entirely disregarded.
The construction project, which ran from October 2020 until March 2024, was initially managed by principal contractor Hubb Construction Ltd, with Sanjay Swaminarayan, 48, serving as a director. In March 2023, the role of principal contractor transitioned to B&O Developers Ltd. However, Mr Swaminarayan remained the sole director, and all existing site arrangements, including those pertaining to health and safety, were maintained without significant alteration or improvement.
Throughout the project, HSE inspectors responded to multiple concerns raised by members of the public and occupants of surrounding buildings between November 2021 and September 2023. These interventions led to enforcement action being taken against both Hubb Construction Ltd and B&O Developers Ltd. Inspectors also engaged directly with Mr Swaminarayan to discuss how he could enhance management arrangements to ensure sustained compliance with health and safety legislation. Despite these repeated warnings and direct engagements, a further serious concern regarding unsafe roof work was reported in January 2024, highlighting a persistent failure to address critical safety deficiencies.
Falls from height continue to be a leading cause of workplace death and serious injury across Great Britain. Latest statistics from the HSE reveal that such incidents accounted for over a quarter of all work-related fatalities in 2025/26, underscoring the critical importance of stringent adherence to work at height regulations. HSE guidance explicitly states that for roof work to be conducted safely, there must be, at a minimum, secure access to the roof and a safe working environment. For sloping roofs, this typically necessitates comprehensive edge protection on all roof elevations where access is required. Where roofs are particularly steep, the edge protection system must be robust enough to safely contain a person sliding down the inclined surface, with additional protection also required at gable ends. The absence of such fundamental safety provisions at the Kings Cross site represented a grave and avoidable risk to life.
B&O Developers LTD of Prince Albert Road, London, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005, which mandates that work at height must be properly planned, supervised, and carried out by competent persons. Sanjay Swaminarayan, of St John’s Wood Court, pleaded guilty to breaching Section 33(1)(a) of the Health and Safety at Work (etc) Act 1974, by virtue of s37(1) of the Act, which holds directors accountable for offences committed by their companies where they have consented, connived, or been negligent.
HSE inspector Lucy Ellison-Dunn commented on the case, stating: “The working practices of both the company and Swaminarayan put lives at risk. Despite repeated warnings and enforcement actions, fundamental safety measures were ignored, demonstrating a clear disregard for the well-being of workers. This prosecution serves as a stark reminder that those in control of work at height must ensure robust safety systems are in place to prevent serious injury or fatality.”
This story was originally published by HSE Media Centre.
