Summer has certainly hit the UK this month as temperatures have begun to soar.

Many people have had time off to enjoy the sunshine, making the most of the beautiful weather. However, others may find themselves in work, stuck thinking that it is too hot.

Because of the heat some people may feel uncomfortable in their working environment, leaving them wondering what is the law when it’s just too hot to work?

Hannah Dowd, employment law solicitor at Jackson Lees had an answer to the common question. She said:

“Although there's no legal maximum or minimum working temperature, health and safety guidance is that a reasonable temperature should usually be at least 16°C. If much of the work involves a lot of physical effort, it's 13°C. 

"What is reasonable also depends on the working environment and type of work. For example, a bakery, office, warehouse or cold storage could all reasonably be expected to have varying temperatures. 

"But by law, every employer has a responsibility to maintain a safe working environment and must protect the wellbeing of their employees under UK employment law, this is known as a 'duty of care'. The duty of the employer is to make sure working temperatures are reasonable for their staff. This includes at the workplace and working from home.”

What employers should do if it is too hot to work

Hannah added that there are certain steps employers can take to help their employees feel more comfortable at work in extreme temperatures.

She said employers should:

• Make plans for keeping staff comfortable and safe
• Carry out health and safety risk assessments
• Remove or reduce any risks found

For example, depending on if it's hot or cold, employers could:

• Relax any dress code so staff can wear more suitable clothing, while still following rules on personal protective equipment (PPE)
• Allow extra breaks for staff to get hot or cold drinks
• Provide extra heating or cooling equipment, such as portable heaters, fans or air conditioning units

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By law, employers must carry out health and safety risk assessments for all women of child-bearing age, including anyone who's pregnant, breastfeeding or just had a baby. If a risk cannot be avoided or removed, the employer has the option to suspend the person on full pay until the risk has ended or been removed.

When doing risk assessments, employers must include those with health conditions or disabilities which may be covered by the Equality Act 2010. Employers must be cautious as to the affects and potential exacerbation of any health condition and/or disability caused by extreme temperatures.  Employers should talk with the employee and agree on a suitable solution. For example, adjusting their working hours or having an air-conditioning unit by their desk.

How employers should plan for disruption

If extreme weather can disrupt work, employers should have a policy for what they and their staff should do in these circumstances. Employers have a duty of care for the health and safety of all staff; this means they should not encourage staff to travel when it’s not safe.

Employers should plan ahead for these circumstances, including how they will:

• Keep in contact with staff
• Arrange cover for any emergency or necessary work
• Arrange for hybrid working or staff to work from home, if this is an option
• Send messages and warnings to customers to set expectations where necessary
• Help staff plan safe travel to work, if this is an option.

If the situation could affect someone’s pay, this must be made clear by the employer and put in writing. This provides clarity and can help keep things clear and avoid disagreements. 

 

What a policy for extreme weather and travel disruption should include

An employer’s policy for when extreme weather or transport problems disrupt work should include

• How the employer will contact staff
• Who staff should contact, for example a line manager or nominated person
• How staff should stay in contact with work
• Arrangements for other places or ways staff can work, for example at another workplace, doing different duties, or hybrid working
• What happens if the employer has to close the workplace or cancel transport
• How and when an employer will do a risk assessment

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