Lone worker legislation in the UK: what the law requires
By the SafetyEvo team · · 9 min read
There is no single lone working law in the UK. Lone workers are protected by the same health and safety law as everyone else, and the law applies fully when someone is working alone. In practice that means two things: the employer must assess the risks of lone working and control them so far as is reasonably practicable, and HSE’s guidance, INDG73, sets out what a reasonable employer does. This guide walks through each piece of law, what it requires, and how it is enforced.
Health and Safety at Work etc. Act 1974
The Act places a general duty on every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees (section 2), and to conduct the undertaking so that people who are not employees, such as contractors and the public, are not exposed to risks (section 3). Employees have their own duty to take reasonable care of themselves and others and to cooperate with their employer (section 7).
"Reasonably practicable" is the test that decides how much you must do. It weighs the risk against the cost, time and trouble of the control. For a lone worker facing a real risk of violence or of being injured with nobody present, a reliable way to keep in touch and raise the alarm is low cost and high benefit, so it is almost always reasonably practicable. For a task where the risk cannot be controlled, the reasonably practicable answer may be two people.
Management of Health and Safety at Work Regulations 1999
These Regulations make the general duty specific. Regulation 3 requires a suitable and sufficient assessment of the risks to employees and to others, and where there are five or more employees the significant findings and any group identified as especially at risk must be recorded. Regulation 5 requires arrangements for planning, organising, controlling, monitoring and reviewing the measures. Regulation 7 requires competent people to help. Regulation 10 requires employees to be given comprehensible information about the risks and the controls, and regulation 13 requires that work is only given to people capable of doing it safely, with adequate training.
For lone working, HSE expects the assessment to consider the place, the task, the people, the time of day, the worker’s health and experience, travel, and how help would be summoned and reach the worker. If any of those cannot be controlled to an acceptable level, the worker should not work alone on that task.
HSE guidance: INDG73, Protecting lone workers
INDG73 is not law, but it is what a court or an inspector uses to judge whether an employer did what a reasonable employer would. It covers who lone workers are, the employer’s responsibilities, assessing and controlling the risks, training, supervision and monitoring, and what to do about violence and stress. Its central points: working alone is lawful, the employer remains responsible and cannot hand that responsibility to the lone worker, the level of supervision and contact must match the risk, and there must be a way for the worker to raise the alarm and a procedure for responding to it. Following INDG73 is the simplest way to show compliance.
RIDDOR: reporting incidents
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 require employers to report deaths, specified injuries (such as fractures other than to fingers, thumbs and toes), injuries that keep a worker off normal duties for more than seven days, certain occupational diseases, and dangerous occurrences to HSE. Physical assault on a worker that results in a reportable injury is reportable. A lone worker incident is more likely to meet the reporting threshold because help arrives later, which is one more reason the response arrangements matter.
Consultation, working time and first aid
Employers must consult employees on health and safety matters, either directly or through safety representatives, under the Safety Representatives and Safety Committees Regulations 1977 and the Health and Safety (Consultation with Employees) Regulations 1996; HSE’s guidance on involving workers explains how. The Working Time Regulations 1998 limit average weekly hours and require rest breaks and daily rest, which matter for lone workers on long shifts and night work. The Health and Safety (First-Aid) Regulations 1981 require adequate first aid provision, and HSE’s first aid guidance addresses lone workers specifically: they may need a personal first aid kit and a way to summon help.
Data protection for safety apps and devices
A lone worker app or device collects location and other personal data, so UK GDPR and the Data Protection Act 2018 apply alongside health and safety law. The ICO’s guidance on monitoring workers expects a lawful basis (usually the employer’s legal obligation to protect staff, or legitimate interests), collection limited to what the purpose needs, clear information to staff, access limited to those who need it, a retention period, and in most cases a data protection impact assessment because location tracking is likely to be high risk. In practice that means collecting location only while a shift is open, telling staff when it is collected and who sees it, logging who looks at it, and deleting it on a schedule. SafetyEvo is built around those rules; see our data protection page.
Home workers
People who work from home without close supervision are lone workers under HSE’s definition, and the same duties apply. HSE’s home working guidance focuses on the risks that actually arise at home: display screen equipment, stress and isolation, and keeping in contact, rather than violence. A short risk assessment, regular contact and a way to raise concerns is what is expected.
Northern Ireland, Scotland and Wales
The Health and Safety at Work etc. Act 1974 and the Management Regulations apply in England, Scotland and Wales, with HSE enforcing (and local authorities for premises such as offices, shops and warehouses). In Northern Ireland the equivalent duties are in the Health and Safety at Work (Northern Ireland) Order 1978 and the Management of Health and Safety at Work Regulations (Northern Ireland) 2000, enforced by HSENI. The practical requirements for lone working are the same.
Enforcement and penalties
HSE and local authority inspectors can issue improvement notices (fix this by a date) and prohibition notices (stop this now), and can prosecute. Offences under the Act and the Regulations carry unlimited fines in the Crown Court and, for individuals including directors and managers who consented to or connived in an offence, imprisonment. Where a death results from a gross breach of a relevant duty of care and the way senior management organised the activities was a substantial element of the breach, the organisation can be prosecuted under the Corporate Manslaughter and Corporate Homicide Act 2007. Sentencing guidelines take account of the size of the organisation and the degree of culpability, and a lone worker left without any means of raising the alarm is treated as a serious failure.
What compliance looks like in practice
- A written lone working policy that names who is covered, the controls, how workers keep in touch, how they raise the alarm and who responds.
- A risk assessment for each lone working activity, written down, reviewed annually and after incidents, with the workers involved.
- Training in the task, in personal safety and in the equipment, with records.
- A way to raise the alarm that works where the work is done, and a response procedure with named people, tested with drills.
- Supervision and contact that match the risk: check-ins for higher risk tasks, monitoring of whether the worker’s phone is still reporting.
- Incident and near miss records, RIDDOR reports where required, and reviews after each one.
- A data protection impact assessment and a staff privacy notice for the safety app or device.
Frequently asked questions
Is it illegal to work alone in the UK?
No. Working alone is lawful. HSE says it will often be safe to work alone, but the employer must think about and deal with the health and safety risks before people are allowed to do so. A few activities have their own rules that in practice require more than one person, such as some confined space, electrical and diving work.
Is there a specific lone working law?
No. The duties come from the general law: the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999, applied to lone working through HSE guidance (INDG73). The same law applies in Northern Ireland through the Health and Safety at Work (Northern Ireland) Order 1978, enforced by HSENI.
Does a lone working risk assessment have to be written down?
If you employ five or more people, yes: the significant findings must be recorded (regulation 3 of the Management Regulations). Smaller employers must still do the assessment; writing it down is simply the easiest way to show it was done.
Do I have to give lone workers a device or an app?
The law does not name any equipment. It requires controls that are reasonably practicable for the risk. For many lone workers a reliable way to keep in touch and raise the alarm is the control that makes the difference, and an app on the phone they already carry is the cheapest way to provide one. For some work a dedicated device, or two people, is the right answer.
Can a lone worker refuse to work alone?
A worker can raise concerns and has protection against detriment for raising health and safety concerns in good faith. If the risk assessment says the task is suitable for lone working with the controls in place, a refusal is a matter for discussion rather than a right, but a worker who withdraws from a situation they reasonably believe to be dangerous is protected by section 44 of the Employment Rights Act 1996.
Who is responsible for a self-employed contractor working alone for us?
Both of you. The contractor has duties for their own safety, and under section 3 of the Health and Safety at Work Act you have a duty to people who are not your employees but are affected by your work. HSE says the employer cannot hand responsibility for lone working to the lone worker.
What are the penalties?
Breaches of the Act and the Regulations are criminal offences, prosecuted by HSE or the local authority, with unlimited fines and, for individuals, imprisonment in the most serious cases. Where a death results from a gross breach of a duty of care by senior management, the Corporate Manslaughter and Corporate Homicide Act 2007 applies to the organisation.
How this guide was written
Written by the SafetyEvo team, who build lone worker safety software and use it in their own field business. Every legal point is checked against the primary source listed below, the guide carries the date it was published and the date it was last reviewed, and it is corrected when the law or the guidance changes. It is general guidance, not legal advice for your situation.
Sources
- Health and Safety at Work etc. Act 1974 (legislation.gov.uk)
- Management of Health and Safety at Work Regulations 1999 (legislation.gov.uk)
- HSE: Protect lone workers
- HSE: Lone working, what employers must do
- HSE INDG73: Protecting lone workers, how to manage the risks of working alone
- HSE: Managing risks and risk assessment at work
- HSE: RIDDOR, reporting injuries and incidents
- Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (legislation.gov.uk)
- Corporate Manslaughter and Corporate Homicide Act 2007 (legislation.gov.uk)
- Working Time Regulations 1998 (legislation.gov.uk)
- Employment Rights Act 1996, section 44 (legislation.gov.uk)
- HSE: Consulting and involving your workers
- ICO: Monitoring workers (UK GDPR guidance)
- HSE: Protecting home workers
- Health and Safety Executive for Northern Ireland
This article is general guidance, not legal advice. For your own situation, speak to a health and safety or legal adviser.