Working in a Heatwave: What Are Your Rights When Conditions Become Unsafe?

As temperatures across our region continue to climb, many of us are feeling the strain. Whether you’re out on the road, in a cab, up a pole, or working indoors with poor ventilation, extreme heat isn’t just uncomfortable — it can be unsafe.

And yet, despite the obvious risks, UK law currently sets no maximum working temperature. That often surprises people, but it’s true: there is no legal point at which work must stop because it’s “too hot.”

So where does that leave workers during a heatwave?

This is where one of the most important, and often overlooked, parts of UK employment law comes into play: Section 44 of the Employment Rights Act 1996.

Section 44: Your Legal Protection When Work Becomes Unsafe

Section 44 gives workers the right to remove themselves from a situation they reasonably believe presents a “serious and imminent danger”, without suffering detriment.

In plain English, that means:

• If you genuinely believe the heat is putting you at risk

• And you cannot reasonably make the situation safe

• You have the right to stop work, leave the area, or refuse to return

• Your employer cannot lawfully discipline you, dock your pay, or disadvantage you for doing so

  
  

This protection applies from day one of employment, and if an employer were to dismiss someone for acting under Section 44, Section 100 makes that dismissal automatically unfair.

Crucially, the law does not require the danger to be proven after the fact — only that your belief was reasonable at the time.

Heat Can Be a “Serious and Imminent Danger”

During a heatwave, the risks are real:

• Heat exhaustion

• Heat stroke

• Dehydration

• Reduced concentration leading to accidents

• Exacerbation of existing medical conditions

  
  

For outdoor workers, the combination of high temperatures, direct sun exposure, and physical activity can quickly become hazardous. For indoor workers, poorly ventilated spaces, machinery heat, or sealed environments can push temperatures to unsafe levels.

If you believe the conditions put you at risk, and you’ve raised it with your manager without reasonable steps being taken, Section 44 is there to protect you.

What Employers Should Be Doing

Even though there’s no legal maximum temperature, employers still have clear duties under:

• The Health and Safety at Work Act 1974

• The Workplace (Health, Safety and Welfare) Regulations 1992

• Management of Health and Safety at Work Regulations 1999

  
  

These require employers to:

• Assess risks

• Provide a safe working environment

• Take action to reduce heat exposure

• Supply drinking water

• Adjust working practices where necessary

  
  

Reasonable adjustments might include:

• Earlier start times

• More frequent breaks

• Access to shade

• Rotating tasks

• Providing fans or ventilation

• Allowing lighter PPE where safe

• Temporary suspension of high‑risk tasks

  
  

If these steps aren’t taken, and conditions remain unsafe, Section 44 becomes highly relevant.

What You Should Do If You Feel Unsafe

1. Raise the issue immediately with your manager or supervisor

2. Explain the risk clearly, symptoms, conditions, or environmental factors

3. Ask what steps can be taken to make the situation safe

4. If no reasonable steps are taken and you still believe you’re in danger, you can remove yourself from the situation under Section 44

5. Contact your union rep straight away so we can support you

   
   

You should not be threatened, disciplined, or disadvantaged for acting to protect your health.

Our Message to Members

Heatwaves are becoming more frequent, and workers deserve safe conditions, not pressure to “push through” dangerous heat. The law recognises that you are the best judge of your own safety in the moment.

Section 44 exists to protect you. Use it if you need it.

If you ever feel unsafe, unsupported, or unsure, contact your CWU rep immediately. We’re here to ensure your rights are upheld and your wellbeing is protected.