Do Employers Need to Provide Kitchen Facilities?

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When working in the landscaping industry, employees often spend long hours outdoors, sometimes in remote locations, making access to basic welfare facilities crucial. Are employers legally required to provide kitchen facilities such as kettles, microwaves, fridges, and seating areas? Although the law does not go into specifics, it does impose a duty on employers to provide suitable welfare facilities for their employees.

Under the Health and Safety at Work etc. Act 1974, employers are under a general duty to ensure their employees’ health, safety, and welfare whilst at work. This includes providing an adequate water supply and refreshment facilities, but it does not specifically state what these should be. However, more detailed requirements are found in the Workplace (Health, Safety and Welfare) Regulations 1992, which outline the standards employers must meet. The 1992 regulations state that employers must provide “suitable and sufficient facilities” where employees can rest and eat meals – if meals are regularly eaten in the workplace. Again, no specifics are mentioned, leaving it mostly to the employer to decide what is suitable and sufficient for their line of work and the location of the employees, stipulating only that the rest areas should be readily accessible and hygienic.

The Health and Safety Executive (HSE), Britain’s national regulator for workplace health and safety, has provided valuable guidance in 2021 to supplement the 1992 regulations. HSE recommends that employers ensure workers have access to clean drinking water in sufficient quantities and to facilities to heat food and store perishable items. For outdoor workers, this could mean providing access to a central welfare area with a microwave, kettle, and refrigerator, or arranging mobile welfare units equipped with similar facilities. In situations where permanent facilities are not feasible, employers should explore alternative solutions, such as allowing workers to take breaks at a nearby base with suitable amenities.

Whether there is a permanent base or a mobile welfare unit, employers should consider providing the following facilities to comply with legal obligations and promote employee welfare:

A designated area where employees can sit and consume meals in a clean and comfortable environment.
Access to clean drinking water, which is a specific legal requirement under the 1992 regulations.
Equipment to store and prepare food, such as fridges for perishable items and microwaves for heating meals.
A kettle or other means of providing hot drinks, especially in colder weather

Not providing adequate facilities can lead to employee dissatisfaction and can result in enforcement action by the HSE. In 2023 an East Sussex construction firm (and one of its directors) were named and fined for failing to provide adequate sanitary and welfare facilities. The obligations remain ongoing, meaning that regular inspections and risk assessments should be conducted to ensure that welfare provisions remain adequate and in line with employee needs.

While there is no explicit legal requirement to provide specific amenities, employers must ensure that what is available is “suitable and sufficient” for employees to store, prepare, and consume food and drinks in a safe and comfortable manner. Adhering to the guidance published by HSE will help businesses stay compliant and support the well-being of their workforce.