#Resource --- title: Employer Obligations — Summer Sun Protection Uniforms created: 2026-07-24 tags: - work-rights - health-and-safety - PPE - gardening --- ## Background Work as a gardener, outdoors in direct sun. Boss supplies t-shirts as summer uniform. Asked for long-sleeve alternative (preferably with collar and short front zip) due to rising temperatures. Recently got sunburnt on neck and upper forearms — never happened before working outdoors in the UK. Boss acknowledged he'd probably get them but not until after summer. Mentioned he didn't think the other two employees would want to wear them. All three use sunscreen; possibly haven't been reapplying as consistently as workmates, who are fairer-skinned but haven't burned. ## What the law says ### Employers' general duty Under the **Health and Safety at Work etc. Act 1974**, Section 2, employers must ensure, so far as is reasonably practicable, the health, safety and welfare of all employees. This includes protection from weather-related hazards when working outdoors. The **Management of Health and Safety at Work Regulations 1999** require employers to assess workplace risks and implement control measures. Working outdoors in intensifying summer heat is a recognisable risk that should be addressed. ### PPE regulations The **Personal Protective Equipment at Work Regulations 1992** place specific duties on employers: - Regulation 4 requires employers to assess what PPE is necessary. - Regulation 5 requires employers to provide suitable PPE **free of charge**. - Regulation 6 says PPE must be compatible with other PPE and suitable for the task and conditions. - Crucially, Regulation 7(2): where a risk cannot be adequately controlled by other means (engineering controls, organisational changes), the employer **must** provide PPE. Protective clothing against UV exposure counts as PPE where the employer has identified sun exposure as a hazard. A long-sleeve shirt with a collar covering the neck is recognised protective clothing for outdoor workers. The HSE explicitly advises outdoor workers to wear protective clothing including long sleeves and collars. ### The Heat Stress guidance The HSE publishes guidance on managing heat stress ([HHG94](https://www.hse.gov.uk/pubns/books/hhg94.htm)). It states that employers should consider: - Providing suitable clothing (lightweight, loose-fitting, high UV protection factor fabrics) - Ensuring workers can adjust clothing layers - Training workers on heat illness recognition and prevention While this is non-statutory guidance, it informs what "reasonably practicable" means under the primary legislation. If an employer ignores recognised HSE guidance without justification, that weakens their position if something goes wrong. ### Key principle: collective vs individual needs The boss's comment about the other two employees not wanting to wear long sleeves is not legally relevant. An employer cannot refuse reasonable protective measures because some staff prefer not to use them. The duty is to each individual employee based on the risks they face. If one employee burns because the supplied uniform exposes skin, that's a welfare failure regardless of whether colleagues are unaffected. ### What "reasonably practicable" means This is the balancing test: does the benefit of the measure outweigh the burden (cost, effort, inconvenience)? Supplying long-sleeve shirts is low-cost and low-effort. Delaying provision until after the season the protection is needed most fails the reasonableness test — the whole point of seasonal PPE is that it's worn during the season of risk. ## Where things stand | Obligation | Status | |---|---| | Risk assessment for outdoor heat/UV | Should exist; ask to see it | | Provision of suitable protective clothing | Long-sleeve shirts are reasonable; delay until after summer is not | | Free of charge | Yes, if classified as PPE | | Cannot refuse because others don't want it | Correct — duty is individual | | Sunscreen alone is insufficient | Agreed by HSE — clothing is primary defence, sunscreen is supplementary | ## Recommended next steps 1. **Put the request in writing.** Email or message confirming: you've asked for long-sleeve summer uniforms with collar coverage, you've experienced sunburn as a result of current t-shirt-only uniform, and you're requesting provision before the end of the season. Creates a paper trail. 2. **Ask to see the heat/UV risk assessment.** Under the Management Regulations, you have the right to be informed of risks identified in assessments. If one doesn't exist, that's itself a breach worth noting. 3. **Reference HSE guidance HHG94.** Point out that lightweight long-sleeve shirts are specifically recommended by the HSE for outdoor workers. Low cost, immediate availability. 4. **Buy your own and raise it through formal channels if refused.** If you purchase suitable shirts yourself, keep receipts. You may be able to claim them back, or at minimum it demonstrates the employer's failure to provide. Raise formally via grievance procedure if the employer continues to refuse. 5. **Contact the HSE if unresolved.** The HSE can advise informally or inspect if there's a pattern of non-compliance. Phone: 0800 029 0290. You don't need to escalate to inspection immediately — an informal enquiry often prompts action. ## Sources - [HSE — Managing heat stress in the workplace (HHG94)](https://www.hse.gov.uk/pubns/books/hhg94.htm) - [HSE — Personal Protective Equipment at Work](https://www.hse.gov.uk/business-guidance/topic/ppe/index.htm) - [Health and Safety at Work etc. Act 1974, Section 2](https://www.legislation.gov.uk/ukpga/1974/37/section/2) - [Personal Protective Equipment at Work Regulations 1992](https://www.legislation.gov.uk/uksi/1992/2966/regulation/5/enacted) - [Management of Health and Safety at Work Regulations 1999](https://www.legislation.gov.uk/uksi/1999/3242/made)