Can I refuse to work outdoors in hot weather? Rules and rights explained

The Sun

19-06-2025

WITH temperatures rising across the UK, many outdoor workers are questioning their rights when the sun beats down.
So, can you legally refuse to work in the heat? The answer isn't as clear-cut as you might hope, but the rules are there to protect you.
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This issue applies across the UK, where the law does not set a maximum working temperature.
That includes outdoor environments, where hot conditions can make even routine tasks feel unbearable — and at times, unsafe.
While you can't simply walk off the job when the sun is out, employers are expected to take reasonable steps to protect your health.
The Health and Safety at Work Act 1974 makes it the employer's legal duty to ensure the health, safety, and welfare of employees while they're at work.
It doesn't lay down an exact temperature limit for when it becomes too hot to work outdoors, but that doesn't mean there are no protections.
The Workplace (Health, Safety and Welfare) Regulations 1992 also require employers to provide a working environment that is 'reasonable' and safe.
This idea of 'reasonable' is open to interpretation.
But guidance from the Health and Safety Executive (HSE) offers some benchmarks.
For example, they suggest that indoor workplaces should be at least 16°C, or 13°C if the job involves heavy physical work.
Unfortunately, there's no legal upper limit — even when it comes to working outside under direct sun.
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John Kushnick, legal operations director at National Accident Helpline, explained: 'Temperatures in the workplace are covered by the Workplace (Health, Safety and Welfare) Regulations 1992, which place a legal obligation on employers to provide a 'reasonable' temperature in the workplace.
"Unfortunately, there are no laws which specifically state that workers can stop working if the temperature gets too hot or cold.'
However, just because there's no specific temperature cut-off doesn't mean you're without support.
Employers are still expected to carry out risk assessments when working conditions could pose a hazard.
This becomes especially important during a heatwave.
If a significant number of staff complain about the temperature, employers must take action.
The HSE advises that employers should look out for symptoms of heat stress in their staff, which can include fatigue, fainting, heat rash, and in more serious cases, heat stroke.
Working in the heat can also affect your ability to concentrate and complete physical tasks safely.
During hot spells, employers are encouraged to make adjustments.
That might mean changing working hours to avoid the hottest parts of the day, making sure staff have access to water and shaded areas, or even relaxing dress codes to help workers stay cool.
In cases where someone is particularly vulnerable, such as pregnant employees or those with health conditions, alternative arrangements — like working indoors — should be considered.
If an employer fails to act and the working environment becomes dangerously hot, workers may have some legal backing to refuse unsafe work.
Under Section 44 of the Employment Rights Act 1996, employees can withdraw from a work situation if they believe there is serious and imminent danger.
But this should not be done lightly. It's important to report your concerns first and allow your employer the chance to make changes.
In colder conditions, the same principles apply.
The risks might be different — frostbite, hypothermia, or slips on icy surfaces — but the responsibility remains the same.
Employers must ensure safe working environments in all weather.
That could mean providing warm clothing, hot drinks, or delaying work when conditions are extreme.
Thermal comfort is not just about the temperature on a thermometer.
It includes factors like humidity, wind, clothing, and how physically demanding the work is.
That's why employers should carry out regular risk assessments and adjust conditions where necessary to avoid putting staff at risk.
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