Bad weather at work: when is it your employer’s problem?

High winds and heavy rain. Freezing conditions and dense fog. Lightning strikes and sweltering heat... No, we're not describing the Scottish summer of 2025. We are talking about weather warnings. But at what point does “bad weather” become your employer’s problem?

Can I work during a weather warning?

The Met Office issues its own ratings for weather to warn the public when severe weather could cause disruption - yellow (be aware), amber (take action), and red (danger to life).

While this can help most people simply rearrange plans, for people who work outdoors, it raises a far more serious issue: What are the rules for working in poor weather?

Unfortunately, there are no guidelines when it comes to weather. It’s not as simple as saying “farmers shouldn’t work at -10°C” or “construction halts at 40°C.” The only thing the Health & Safety Executive notes is that 23mph wind speeds can affect people’s balance. However it doesn’t go on to say anything about workers staying grounded in these conditions. 

It’s usually only those who deal with extreme conditions as part of their job, like offshore workers, who have well-defined safety procedures in place for high winds and heavy seas. 

The key thing to note is that it's all relative. It depends on the weather and the job being done. Ultimately, it comes down to the actions your boss takes to address the risks that are already known.

What does this mean for workplace accidents?

Your employer is legally required to keep you safe from foreseeable risks, including those created by dangerous weather. There’s no simple rule that says when to stop working but the law expects employers to use common sense and proper planning.

Before work begins, they should consider how conditions could affect staff safety and take practical steps to manage risks. For instance:

• Conducting a risk assessment and checking weather updates regularly
• Supplying suitable protective gear such as gloves, footwear and high-visibility clothing
• Adjusting work schedules to avoid the worst conditions
• Stopping work entirely if continuing could put lives at risk

If an employee is injured because the weather wasn’t properly accounted for, it can lead to a workplace accident claim. In these cases, it’s rarely the weather itself that’s at fault - it’s usually the employer’s failure to respond appropriately.

Now, there are some occasions where a personal injury claim will not be possible. For example, if it snows and you immediately slip on the pavement and hurt your arm, no one could possibly be held responsible for not ensuring the pavement was cleared immediately. No Council has the resources to do this, so the Courts are unlikely to support a claim against the local authority.

However, blaming a workplace accident on bad weather is simply not good enough, and the Courts agree. For example:

People who work at height: If you’re sent up a cherry picker despite a wind warning and it blows over, we would argue your employer was negligent, breached safety rules and their insurer should compensate you.

Care workers on home visits: During winter, care workers face slippery conditions on home visits but employers still have a duty to minimise risks to workers. We won a Supreme Court case that showed a care worker should have been provided with ice grips for their footwear to offer better grip in slippery conditions.

Professional drivers: The key thing is driving to road conditions. We acted for 17 victims of a coach party who were injured after the bus was blown over in high winds. The bus company argued they were not to blame, but the legal position was clear - if it was so windy that it was a risk to proceed then the driver should have stopped. If he had done so, no one would have been injured.

How can employers prevent a dangerous weather accident?

Not every incident caused by bad weather can be avoided, but most can be better managed. To keep people safe, employers can follow simple but effective measures that can make a big difference, such as:

• Working in hot or cold temperatures - ensuring the correct PPE and clothing are provided.
• Working in high winds or stormy conditions - assessing whether it’s safer to stop work until the danger passes.
• Working in winter weather - are walkways treated, or do they even need to be closed off?
• Working in poor visibility (darkness or fog) - are reflective clothing or lights needed?

When it comes to workplace accident claims, the important thing to remember is that there’s a good chance it's not the weather that injures you - it's your workplace’s failure to respond to that weather correctly and failure to provide you with a safe system of work.