In today’s evolving work environments, more employees are required to perform their duties outdoors or in external environments away from traditional office settings. Whether due to the nature of the role or adjustments following hybrid working trends, it is vital for individuals to understand their legal protections and obligations. At Stephensons, we offer expert legal advice tailored to ensure employees know their legal standing when working outside, whatever the sector.
Understanding employee rights when working outdoors
Employees working in outdoor settings are entitled to the same fundamental rights as those working indoors. These include rights related to health and safety, rest breaks, fair treatment, and access to appropriate protective equipment. The responsibilities of employers extend to ensuring that working conditions outdoors do not compromise an employee’s health or wellbeing.
Health and safety obligations
Under the Health and Safety at Work etc. Act 1974, employers have a duty to protect the health, safety, and welfare of their employees, regardless of whether work is carried out indoors or outside. This extends to providing suitable risk assessments, protective clothing, and equipment, as well as setting out procedures that ensure working outside is safe and manageable in varying weather conditions.
A comprehensive risk assessment should evaluate conditions such as:
- Exposure to extreme weather, UV radiation or cold temperatures
- Hazards including uneven terrain, falling objects or proximity to traffic
- Availability of hygiene facilities and access to drinking water
It is also essential for employers to review risk assessments regularly to reflect seasonal changes or evolving task requirements. Employees must be informed of all risks and trained effectively to identify and manage hazards in outdoor environments.
Provision of protective clothing and equipment
Employees working outdoors must be provided with suitable Personal Protective Equipment (PPE) by their employer. This could include high-visibility clothing, weather-appropriate gear, and specialist equipment such as safety boots or gloves. It is unlawful for employers to pass the cost of required PPE on to their employees. The employer is also responsible for the maintenance and replacement of this equipment as needed.
Employees should report any concerns about the condition or suitability of their PPE promptly and expect the matter to be addressed without delay or detriment to their position
Working hours and rest breaks
The Working Time Regulations 1998 apply equally to outdoor workers, ensuring that all employees are entitled to adequate rest during working hours. Anyone working outside has the right to:
- A minimum 20-minute uninterrupted rest break if the working day exceeds six hours
- At least 11 hours of rest between working days
- A minimum of one day off each week or two days off every fortnight
In outdoor professions where continuous work is common, such as construction or surveying, employers must make provision for scheduled rest and access to suitable shelter during breaks.
Fair treatment and equality
Employees working outside must receive equal treatment compared to their indoor counterparts. Outdoor work should never be used as a pretext for reducing pay, denying progression opportunities or excluding staff from workplace discussions. Employers must ensure that all policies and procedures are applied fairly across work settings.
The Equality Act 2010 protects workers against discrimination and harassment in all workplace locations. Employees who feel disadvantaged due to working outside, whether through exclusion, neglect or unfair burden, may have grounds to raise a formal grievance or even pursue a claim of discriminatory practice if protected characteristics are involved
Temperature and weather-related rights
While there is no legal minimum or maximum working temperature in the UK for outdoor workers, employers must take reasonable action to protect staff from extreme conditions. In circumstances of intense heat or freezing temperatures, adjustments to outdoor working hours, increased rest breaks, or provision of shelter must be considered to safeguard employee health.
Prolonged exposure to adverse weather, including high winds, rain or storms, may constitute an unsafe working environment. Employees have the right to refuse work that presents a serious and imminent danger to their safety, provided it is a proportionate response. Employers must not discipline or penalise employees who raise legitimate safety concerns.
Remote outdoor working and lone working considerations
Employees working outside in isolated or remote locations may fall under the category of lone workers, requiring additional consideration. Employers must implement measures such as regular check-in procedures, emergency communication devices, and comprehensive training to ensure lone workers are supported and safe.
Technological solutions such as GPS tracking or wearable alert systems may be lawfully implemented as part of a lone working policy, but these must be balanced with employee privacy rights under prevailing data protection regulations.
Raising concerns and seeking legal advice
If you believe your rights as an outdoor worker are not being upheld, it is recommended that you raise the issue with your line manager as a first step. If the concern remains unresolved, or if you are subject to detriment for raising it, further action may be warranted under employment law. This can include lodging a grievance, pursuing a claim at an employment tribunal, or seeking legal intervention.
At Stephensons, we offer specialist legal guidance to individuals navigating issues concerning outdoor work environments. From disputes over unsafe working conditions to breaches of employment rights, our team is experienced in delivering pragmatic and effective advice tailored to your specific situation.
Speak to a member of our employment law team
For more information about your employee rights working outside, call Stephensons on 0161 696 6170 or fill in our enquiry form.
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