Lawyer explains workers’ rights during heatwave and how hot is too hot to work

Lawyer explains workers’ rights during heatwave and how hot is too hot to work As the heatwave brings predicted temperatures of 39C to the UK, many of us will be wondering — how hot is too hot to work? An employment lawyer answers the question. As another heatwave sweeps the UK from now till Thursday, temperatures are expected to climb to 39C and beyond in parts of the UK, according to the Met Office. The peak of the heatwave is now forecast for Wednesday and Thursday, and it's expected to break the record for the highest temperature ever recorded in the UK in June. With these soaring temperatures, many will be wondering - 'how hot is too hot to work?' Luckily, we have the answer. An employment lawyer has explained exactly what rights a worker in the UK has during a heatwave, revealing that employees needn't suffer in silence as temperatures reach unprecedented all-time highs. According to the UK government, there's "no law for minimum or maximum working temperatures, for example when it's too cold or too hot to work". However, the government guidance clearly states: "During working hours the temperature in all indoor workplaces must be reasonable." The Approved Code of Practice on the Workplace (Health, Safety and Welfare) Regulations suggests a minimum temperature of 16C for working indoors and 13C if employees are doing "physical work which involves rigorous physical effort" There is however, no maximum temperature limit set. Having said that, employers "must stick to health and safety at work law", which includes three key pillars as per the UK government: - Keeping the temperature at a comfortable level - Providing clean and fresh air - Employees should talk to their employer if the workplace temperature is not comfortable. Employment lawyer Natalie Peacock from Rogers and Norton says extreme heat is fast becoming an increasingly serious workplace issue throughout the UK. She shares: "As heatwaves become more frequent in the UK, workplaces which are not equipped to deal with extreme heat can result in a number of issues which employers must address. Heatwaves don't just affect the workforce's comfort. If staff are overheating, performance and attendance can decline." Natalie warns that many workers mistakenly believe there is a legally defined maximum temperature for offices and workplaces in the UK, but cautions that employers can still face significant repercussions if they neglect their duty to keep staff safe. She shares: "Whilst there is no legal maximum workplace temperature, employers still owe a duty of care to their staff. "Personally, I have worked in different offices, some with air conditioning and some without air conditioning and surrounded by glass windows. I know which one I prefer. Although employers are not obliged to install air conditioning, the law requires employers to take reasonable steps to ensure the workplace is safe." As an employment lawyer, Natalie says she has witnessed the consequences faced by employers who fail to grasp their responsibilities when soaring temperatures raise safety concerns in the workplace. The employment lawyer explains: "Heat is a foreseeable risk which employers are expected to manage. Failing to manage the risk can amount to a breach of the Health and Safety at Work Act." She further explains that workers should expect their employers to take practical measures during heatwaves, such as permitting additional breaks and ensuring staff remain cool and hydrated. Natalie adds: "Employers must consider carrying out risk assessments regarding hot weather and its impact on their workforce. They should consider ensuring breaks are taken and providing facilities for their workforce to stay hydrated. "They should also consider workplace ventilation and providing shelter/shade for outdoor workers. Some employers I have dealt with also consider providing their workforce with free sunscreen and fans." According to the Health and Safety Executive - UK's national independent regulator for workplace health, safety and welfare: "Heat is classed as a hazard and comes with legal obligations like any other hazard." Natalie further points out that employees struggling with the heat may be entitled to request flexible working hours or permission to work from home during the hottest parts of the day. The employment lawyer shares: "To reduce the impact of extreme heat on their workforce, employers may consider making simple, temporary adjustments, such as flexible hours for working during cooler parts of the day or agreeing to requests for working from home. "Duties to protect employees continue even when working from home. Employers should carry out homeworking risk assessments and may consider providing fans for their employees' homes." She also cautions that staff members with health conditions affected by high temperatures could be entitled to additional legal protections should employers neglect to make reasonable adjustments. "Extreme heat can cause health issues which the employer may be liable for if they have not taken reasonable steps to prevent exposure to the heat. Employees with medical conditions aggravated by heat may require reasonable adjustments, leaving employers at risk of claims for disability discrimination. "Ultimately, while employers cannot control the weather, there are steps they can take to protect their workforce which not only improves comfort but helps sustain performance during a heatwave."