With a heatwave sweeping across Europe, record summer temperatures in recent years, and more frequent storms, the legal landscape around extreme weather and employment is evolving. Last month, NI's Minister for the Economy, Dr Caoimhe Archibald, unveiled the results of Unite's 'Extreme Weather' survey and its policy demands for legislative reform to protect workers, reflecting a growing trend toward increased regulation in this area.
Extreme weather is no longer a rare inconvenience—it is a persistent and escalating threat to business continuity, worker safety, and economic stability. Risks vary by weather event and industry, but heat stroke, dehydration, exhaustion, and falling objects causing injury or damage are common issues for employees, along with managing school closures and emergency care. This, of course, leads to higher absenteeism, lower productivity, and more workplace accidents, increasing the risk of claims that can disrupt operations, damage supply chains, and harm reputation if staff are not adequately protected.
Specific protections and rules for managing work in extreme weather therefore seem increasingly logical and necessary. Regulation in this area is growing across Europe, and after suffering several severe storms in the past year, Northern Ireland now shows signs of following suit, off the back of Unite's recent report and call for legislative reform.
We take a look at what's proposed in Northern Ireland, and what is happening with managing extreme weather in the workplace further afield.
What does the current law say in NI?
There are no specific extreme weather protections in place in NI at present; rather, general health and safety measures govern employment rights within 'unsafe' working environments. Specifically article 68 of the Employment Rights Northern Ireland Order 1996 provides workers with the right to withdraw from and refuse to return to a workplace that is unsafe, and the right not to be subjected to a detriment from doing so.
However, Unite's report wants the law to go further and be tailored to the increasing risks posed by climate change, with enhanced protections to also extend to those who are self-employed.
Proposed reform in Northern Ireland?
In June 2025, Unite launched "Workers in the Eye of the Storm," a report that highlights the need for new laws to protect workers during extreme weather in Northern Ireland. The report is based on the experiences of over 1,200 NI union members during Storm Éowyn, a severe storm that caused widespread disruption and damage across Northern Ireland in January 2025. It looks at how employers can be better prepared, communicate more effectively, and meet their legal obligations to keep workers safe during extreme weather as a result of failings during this particular weather event.
Many employees simply felt that their employers didn't do enough to keep them safe, and that basic safety measures were missing. There were also reports of poor risk assessments and a lack of clear communication about workplace closures or safety protocols.
Only 16% of survey respondents knew that their employer had an 'Extreme Weather' policy, and many said that existing policies weren't communicated or implemented well, which isn't necessarily surprising as most employers don't have these kinds of policies in place, and there is no legal requirement to do so. However, it does highlight how this could be a helpful tool for both employees and employers in managing these events which are likely to be more commonplace in the future.
In fact, the report concludes that the situation during Storm Éowyn was "made worse by the absence of specific legislation outlining employers' responsibilities during extreme weather events and requiring all workplaces to have an extreme weather policy."
This is the first call for change across the island of Ireland, although the Trades Union Congress has also called for change in Great Britain.
Unite's key proposals: a weatherproof plan for worker safety?
Unite's proposals appeal for specific regulatory and legislative protection for workers in NI which would include:
- Mandatory extreme weather risk assessments: Employers would be legally required to conduct risk assessments for all employees at each level of weather alert, including for travel to and from work.
- Alert-Based responses: When the Met Office issues a red alert, workplaces should automatically close unless the employer can prove a public interest exemption. Outdoor work would be halted during amber alerts.
- Paid climate leave: Granting four days paid leave if extreme weather makes it impossible to travel to work, or if workers need to address needs at their home (which can range from structural damage or to care for dependents). These proposals are similar to the approach adopted in Spain from 2024 (as outlined below). Given the provision for caring for dependents, we anticipate that if enacted, this leave would be more likely to be used / requested by women with caring responsibilities for children and elderly relatives.
- Associated costs remaining with employers: Employers would be prohibited from making workers use annual leave, unpaid leave, or time-off-in-lieu for weather-related closures.
- Temperature controls: The report calls for
legal maximum workplace temperatures (30°C, or 27°C for
strenuous work), with mandatory heat management controls, the power
to halt work if it gets too hot, and specific protections for
vulnerable groups (including older workers, women, those with
chronic health conditions, and those performing manual work
outdoors or working in confined conditions).
The Report suggests that heat management controls may include things like scheduling work or tasks during cooler hours of the day, giving workers shade or air conditioning during breaks, providing access to cool drinking water. - Enhanced regulatory oversight: The Health and Safety Executive for Northern Ireland would see its remit expanded, with union representation on its board and stricter investigation protocols for workplace incidents and a requirement to attend all workplace fatalities. The Report also calls for cooperation between HSENI and other enforcement bodies to be enhanced to ensure that the evidential requirements for a charge of corporate manslaughter can be met where appropriate.
It's important to stress that these are only proposals for consideration at present, and Unite is in the process of engaging with government departments and the Health and Safety Executive for NI to discuss its requests. However, the Minister for the Economy has committed to a round table to discuss and address the issues raised by the report, including this specific package of measures aimed at enhancing worker protection.
What is happening in other countries?
If adopted, these proposals would require employers in Northern Ireland to change how they plan for and respond to extreme weather. While Unite's recommendations are specific to Northern Ireland, they are considered a template for ROI and GB.
Guidance across the UK generally is lagging behind European counterparts in addressing extreme weather in the workplace. In England and Wales, Health and Safety Executive guidance suggests a 'reasonable' minimum indoor working temperature (16°C or 13°C depending on work intensity), but there is no law on maximum working temperatures and no specific temperature at which it becomes too hot to work. The HSE has urged businesses to plan for extreme heat (as we wrote about here) but, although the Labour government has pledged to introduce new guidance, no changes have yet come into effect.
In contrast, several European countries already have legal maximum temperatures and mandatory employer responses. For example, in Belgium, when maximum temperatures are reached, employers must implement protective measures such as installing a ventilation system within 48 hours, providing protective equipment and free drinks, allowing rest periods, or introducing temporary unemployment (with employees receiving unemployment benefits). Hungary, Latvia, Montenegro, and Slovenia have also established maximum working temperature provisions.
Flash flooding in Spain
The report by Unite cites Spain as setting a precedent for increased worker protection during extreme weather, following flash floods in Valencia in October 2024. Legislative changes were enacted to prevent employees from traveling to work in similar conditions, including 4 days' paid leave if employees cannot access their workplace due to a recommendation from the relevant authority. Employers may also establish remote working if conditions allow, and this leave may be extended for the duration of the warning if remote working is not possible.
A new climate of safety and protection?
As climate change accelerates, the law must now catch up with the new reality of employees working in extreme climates and proposals could bring a new climate of safety to workplaces and protection to employees which employers will need to get to grips with.
Whilst we await further regulation in this area, below are some points employers could consider when tackling workplace issues during extreme weather:
- Develop and communicate watertight extreme weather policies (with clear alert-based responses established).
- Ensure risk assessments are up-to-date, documented, and consulted on with worker representatives (including risk assessments for workers travelling to and from work during extreme weather events and workers who are working from home).
- Carry out vulnerability assessments to determine which workers are more exposed to extreme weather-related risks (and when, how, and why)
- Assess the potential impact of extreme weather-related risks on more vulnerable groups of workers, for example, pregnant workers, older workers, workers with chronic health conditions and workers with disabilities.
- Establishing communication links with employees where messages relating to expectations during extreme weather can be clearly delivered in a timely manner.
- Consider, and when necessary, prepare for the financial implications of paid climate leave.
- Consider whether PPE should be modified to adapt to extreme weather.
- Review and adapt workplace infrastructure and practices (if necessary) to comply with new temperature and safety standards (for example, are there suitable air conditioning provisions in place).
- Engage proactively with unions and regulatory bodies to ensure compliance and protect both staff and organisational reputation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
