Refusing Unsafe Work in England, Wales and Scotland

Who this guide is for

Employees and workers in England, Wales or Scotland who think their work is unsafe and want to know whether they can refuse to do it, leave, or report it, and anyone treated worse or dismissed because they did.

What this guide does not cover

• Work in Northern Ireland: see the Northern Ireland guide.
• Compensation for an injury at work. That is a personal injury claim in the civil courts, not the employment tribunal. This guide does not cover it: ask a solicitor or Citizens Advice.
• Stress at work: use the mental health at work checker. Adjustments for a disability: use the reasonable adjustments checker.
• What an employer must do to run a safe workplace, such as risk assessments, first aid and fire safety: use the employer obligations checker.
• Risks at work while pregnant or after giving birth, whether you must be paid while you stay away from danger, how much compensation a tribunal can award, and interim relief. This guide does not cover these: ask Acas.
• Tribunal time limits in detail: use the tribunal deadline checker.

The questions that decide the answer

1. Did you reasonably believe the danger was serious and imminent? If yes, the right to leave or refuse to return can apply. If not, it does not, but you can still raise the concern and report it.
2. Could you reasonably have been expected to avoid the danger? The right to leave or refuse to return applies only where you could not.
3. Are you an employee or a worker? Both are protected from detriment for leaving, refusing to return or taking steps to protect themselves or others. Only employees can claim unfair dismissal.
4. What has happened, and when? Nothing yet, treated worse, or dismissed. The date of the act starts the tribunal time limit.

"Can I refuse to do this job?"

You have the right not to be subjected to any detriment by your employer because, in circumstances of danger which you reasonably believed to be serious and imminent and which you could not reasonably have been expected to avert, you left (or proposed to leave) your place of work or any dangerous part of it, or, while the danger persisted, refused to return to it.

You are also protected if, in circumstances of danger which you reasonably believed to be serious and imminent, you took (or proposed to take) appropriate steps to protect yourself or other people from the danger. Whether the steps were appropriate is judged by all the circumstances, including what you knew and the facilities and advice available to you at the time.

This does not protect you if your employer shows that the steps you took were so negligent that a reasonable employer might have treated you as your employer did.

These rights have covered workers, not only employees, since 31 May 2021.

As an employee, you must also take reasonable care for your own health and safety and that of other people affected by what you do at work, and cooperate with your employer on health and safety.

"I've been punished for refusing"

Detriment means being treated worse than before, or having your situation made worse, because of what you did. You can make a claim to an employment tribunal.

If you are a worker and not an employee, and your contract is ended for this reason, that can be a detriment claim.

"I've been sacked for refusing unsafe work"

If you are an employee and you were dismissed for leaving, refusing to return, or taking steps to protect yourself or others in circumstances of serious and imminent danger, it is automatically unfair dismissal. Employees are protected from automatically unfair dismissal from the first day they start a job.

Workers who are not employees cannot claim unfair dismissal.

"How do I report it?"

First raise your concern with your employer, manager or supervisor, or your workplace safety representative if there is one.

If you have raised it and believe your employer has not taken appropriate action, you can raise it with them again or contact HSE. You can speak to HSE confidentially and you do not have to give your name.

Which body deals with it depends on the workplace. HSE deals with places such as factories, farms, building sites, schools and hospitals. Your local council deals with places such as offices, shops, hotels and restaurants.

If you are an employee, you are protected from detriment and dismissal for bringing health and safety concerns to your employer's attention by reasonable means, where there was no safety representative or safety committee, or it was not reasonably practicable to raise them that way.

If you are a worker and not an employee, reporting a danger to health or safety can be whistleblowing: use the whistleblowing checker.

"It's too hot" or "it's too cold"

During working hours the temperature in all indoor workplaces must be reasonable. There is no law for a minimum or maximum working temperature.

Guidance suggests a minimum of 16°C, or 13°C if much of the work involves rigorous physical effort. There is no guidance for a maximum. Talk to your employer if the temperature is not comfortable.

Whether you can leave because of the temperature depends on the serious and imminent danger test above.

"Do I have to pay for my safety equipment?"

No. Your employer must not charge employees for anything it does or provides to meet a specific legal health and safety requirement.

"I've had an accident at work"

Your employer, as the "responsible person", must report certain work-related injuries, diseases and dangerous occurrences under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

If you are the injured person, you should not make that report yourself unless you are self-employed. You can tell HSE about a work-related accident or an ongoing risk by raising a concern.

"I'm a health and safety representative"

You are protected from detriment, and as an employee from dismissal, for carrying out health and safety activities your employer designated you to do, or your functions as a health and safety representative or safety committee member.

A health and safety representative who claims unfair dismissal may also be able to claim interim relief. It has a very short time limit: ask Acas straight away.

"What can I do?"

Before you can make most employment tribunal claims, you must notify Acas to start early conciliation. It is free. Your time limit is paused while conciliation runs, but only if you notify Acas within your time limit.

Deadlines you must meet

• Most tribunal claims, including unfair dismissal: 3 months less 1 day from the act you are complaining about, or 6 months less 1 day where that act (or the last act in a series) happened on or after 1 October 2026.
• Notify Acas within your time limit, so that the clock is paused.
• Your exact date depends on your facts: the tribunal deadline checker works it out.

Traps

• The right to leave or refuse to return is about danger you reasonably believe is serious and imminent. For other safety worries, raise them and report them.
• Workers are protected from detriment as well as employees. Only employees can claim unfair dismissal.
• The 16°C and 13°C figures are guidance, not a legal limit. There is no maximum.
• An injured worker does not make the RIDDOR report. The employer does.
• The tribunal time limit does not apply to a personal injury claim.
• Do not use Northern Ireland rules here.