Is there a fine for not separating your workplace waste in England? The short answer is that there is no fixed penalty for Simpler Recycling, but non-compliance can still cost you money. Here is how enforcement works.
Last checked: 4 November 2026. This is general guidance, not legal advice. Sources are listed at the end of this article.
The enforcement process
- Advice: the Environment Agency has described free advice as the starting point.
- Compliance notice: the Agency can issue a notice requiring you to put things right.
- Prosecution: failing to comply with a notice is an offence. The Agency has said it would consider prosecution only as a last resort, and any fine would be decided in court.
The £118-an-hour charge
Since 3 February 2026, the Environment Agency has been able to charge non-compliant businesses and non-domestic premises £118 an hour for its Simpler Recycling regulatory work. This is reported to include chargeable travel time where that forms part of a compliance assessment. The charge is a recovery of the Agency’s costs, not a fine, and the rate does not vary by business size or turnover. Businesses that are meeting their obligations do not pay it.
Does this apply to micro-firms?
Not yet. Firms with fewer than 10 full-time equivalent staff are exempt until 31 March 2027. After that date, the same enforcement approach applies to them too. If you are unsure which side of the line you are on, see how to count your employees.
Other costs to watch for
- Contamination: collectors may charge extra or refuse a heavily contaminated collection.
- Duty of care: you must also make sure your waste is handled safely and legally, and that you use a registered waste carrier.
- Reports: anyone can report suspected non-compliance to the Environment Agency.
How to reduce the risk
- Set up a separate route for each required waste stream.
- Keep your collection agreements and waste paperwork where you can find them.
- Label your bins clearly, and brief staff on what goes where.
- Check for contamination regularly, and fix any problems quickly.
- Make sure your bins are big enough to last between collections, so waste does not overflow into the wrong one.
Our guide to recycling bins for small businesses can help you plan what you need, and our team can advise on larger sites.
