During a heatwave, it can be difficult to work. Many employees find themselves wondering whether it is ever legally ‘too hot to work’.
The short answer is that there is no legal maximum temperature for workplaces in the UK. However, employers still have a duty to protect the health and safety and wellbeing of their staff and to ensure workplace temperatures are reasonable.
Why isn’t there a maximum working temperature?
It is not possible to enforce a maximum temperature as different industries will need different environments. While temperature is easier to monitor in an office environment, some workplaces require higher temperatures, such as kitchens or glass factories. Therefore, the law cannot impose a threshold that prevents working in certain temperatures.
Even though there is no maximum temperature, employers must take reasonable steps to keep staff safe and comfortable when temperatures are high.
What are my employer’s responsibilities during hot weather?
Employers should assess the risks posed by high temperatures and consider practical measures to reduce them. Depending on the workplace, this may include:
- Providing fans or air conditioning
- Improving ventilation by opening windows
- Allowing employees to make minor adjustments to their clothing, such as wearing looser or cooler clothing where appropriate
- Increasing frequency or duration of breaks
- Providing areas in which employees can cool down
- Providing temperature controlling equipment
- Allowing flexible hours to avoid work in excessive heat
- Providing chilled drinking water to encourage regular hydration
- Enabling employees to work from home
The steps required will vary depending on the nature of the work and the level of risk involved.
Do I have a right to work from home during a heatwave?
Not usually.
There is not an automatic right to remote working during a heatwave. However, employers may permit remote working if it is practicable and appropriate for an employee’s job role. Whether home working is available will depend on your employer’s policies and the nature of your job.
What if I have a health condition or disability?
If you have a disability that prevents you from being able to attend the workplace in extreme temperatures, you should inform your employer as soon as possible.
Your employer may need to consider adjustments to help you work safely, such as allowing additional breaks, changing working hours or considering home working where appropriate.
Who is most vulnerable during a heatwave?
Whilst heatwaves affect everyone, some individuals are more vulnerable to health and safety concerns, for example:
- Pregnant employees
- Older employees
- Employees with health conditions or disabilities
- Employees who work outdoors
- Employees who are required to wear PPE
Employers should consider whether additional support or precautions are needed for those who may be vulnerable in more extreme temperatures.
What should I do if my workplace is too hot?
Any concerns about health, safety and temperature should be raised with your employer as soon as possible. They may not be aware that conditions are causing discomfort or creating a health and safety risk.
It may help to explain how the heat is affecting you and suggest practical steps that could improve the situation.
What should I do if my employer fails to address health and safety concerns during a heatwave?
If you have raised concerns and your employer has failed to address them, you may wish to seek legal advice about your options.
Every situation is different, and the appropriate course of action will depend on the circumstances, the level of risk involved and any steps your employer has already taken.
How our employment law solicitors can help
Our experienced employment team advises both employees and employers on workplace rights, health and safety concerns, discrimination issues and reasonable adjustments. If you are experiencing difficulties at work during a heatwave, we can help you understand your rights and the options that are available to you.
Offices:
Norwich — 01603 693500
Sheringham — 01263 823398
North Walsham — 01692 660230
Email: enquiries@clapham-collinge.co.uk
The information in this article is for general guidance only and should not be treated as legal advice. It is not a substitute for obtaining advice tailored to your circumstances. While we aim to ensure accuracy at the time of publication, laws and guidance may change. Clapham & Collinge LLP accepts no liability for any loss arising from reliance on this content. For personalised advice, please contact our client relations team to book an appointment.