With the news that temperatures are expected to top 30º over the coming days, a leading Health & Safety Director has provided the steps businesses should be taking to protect their teams during hot weather.
Michelle Taylor, Safety & Fire Service at HR, employment and health & safety specialist Citation, has provided some insights into employee rights when it comes to working during a heatwave…
Do I have to work if it’s too hot?
There is currently no legal maximum workplace temperature in the UK. This means employers are not legally required to send staff home once a certain temperature is reached.
Under the Workplace (Health, Safety and Welfare) Regulations 1992, a minimum working temperature is specified, 16°C for most indoor work and 13°C for strenuous physical activity, but no equivalent upper limit exists. Despite this, employers are required to take reasonable and practicable steps to ensure workplaces are a comfortable temperature.
What about people who are more vulnerable to heat?
Under UK law, workers with health conditions that may be exacerbated by extreme heat must be protected in several ways.
Where a condition meets the definition of a disability under the Equality Act 2010, employers are under a legal duty to make reasonable adjustments. This could apply to a wide range of conditions, including (but not limited to) those affecting the skin, heart or respiratory system or long-term health conditions.
This includes pregnant women, those who suffer from arthritis or COPD where high and low working temperatures can make it more difficult to work.
In this instance, these individuals may need to complete an individual risk assessment, take additional breaks, be allowed to work from home, and have work shifts during cooler times of the day.
Should my employer be doing anything else?
Employers have a general duty under health and safety law to take reasonably practicable steps to protect employees’ health and safety. This includes assessing and mitigating risks associated with extreme temperatures.
That means carrying out appropriate risk assessments and considering how heat could impact staff wellbeing and performance.
Practical steps include relaxing dress codes where appropriate, ensuring good ventilation or air conditioning, and installing a desk fan if needed. Making sure staff have easy access to drinking water through bottled water or a filtered water system. Rescheduling working shifts to cooler times of the day or even re-positioning desks so they’re not in direct sunlight.
For those who work outside, this may include more frequent rotations so individuals aren’t working outside for too long, easy access to drinking water and slower working rates.
Flexible working arrangements can also make a real difference – for example, adjusting start and finish times so employees can avoid travelling or working during the hottest parts of the day should also be considered.
Can you make a claim against your employer if it’s too hot?
While there is no specific legal requirement for a maximum workplace temperature, employers may still face legal consequences if poor working conditions lead to illness or injury.
If an employee becomes unwell due to excessive heat, and it can be shown that the employer failed to take reasonable steps to protect their health and safety, there may be grounds for a personal injury claim. However, it’s important to consult HR or the local Health and Safety officer first to report this incident before taking any further steps.
