The ongoing UK heatwave, with temperatures climbing into the high 20s and low 30s Celsius, has sparked a nationwide discussion about workplace safety and productivity. Searches for the phrase "too hot to work" have surged by over 2,000%, according to recent research, prompting employment law experts to clarify the legal protections available to workers during periods of extreme heat.
Can You Stop Working When It's Too Hot?
The straightforward answer is often disappointing for overheated employees: UK law currently does not specify a maximum temperature at which workers can automatically stop working or be sent home. This contrasts with guidelines for minimum temperatures, which recommend that workplaces should be at least 16°C, or 13°C for physically demanding jobs.
However, despite the absence of an upper limit, legal specialists emphasise that employers have a rigorous legal obligation. Under the Health and Safety at Work Act 1974 and the Workplace (Health, Safety and Welfare) Regulations 1992, every employer must ensure a safe working environment and maintain "thermal comfort."
James Muller, Principal Associate in Weightmans' health and safety team, stresses that employers must take all "reasonably practicable" measures to protect staff from heat-related illnesses. Failure to do so could lead to enforcement action, including potential criminal prosecution by the Health and Safety Executive (HSE) or local authorities. Workers who become ill or injured due to an employer's negligence may also be eligible for personal injury compensation.
Employee Rights to Refuse Work in Hot Weather
Workers should generally not leave the workplace unless they feel unwell and need to take sick leave. Sections 44 and 100 of the Employment Rights Act 1996 provide protection, allowing employees to remove themselves from situations where they reasonably believe there is "serious and imminent danger" that cannot be avoided. However, this protection is limited to specific immediate safety threats and does not cover general discomfort.
If extreme heat poses a substantial health and safety risk, employers must take appropriate action, which may include sending staff home. In many cases, if a worker is sent home but remains ready and willing to work, they may still be entitled to payment, depending on their contract and circumstances.
Trade unions, including the TUC and UNISON, are actively campaigning for the government to introduce a legal maximum temperature for indoor work, proposing 30°C, or 27°C for strenuous physical activity. Until such legislation is enacted, workers are encouraged to raise concerns with their employer and request a thorough risk assessment.
Employer Responsibilities During a Heatwave
To fulfil their duty of care, employers should implement a series of measures, starting with a risk assessment. Recommended steps include:
- Flexibility: Employers should consider flexible hours to avoid commuting during peak heat, promote remote working, or reduce the working day if feasible. Rearranging demanding tasks to cooler times (e.g., before 11 am or after 3 pm for outdoor workers) is also helpful.
- Hydration and breaks: A regular, safe supply of cool water must be provided, and staff should be encouraged to stay hydrated. More frequent breaks should be granted, especially for physically intensive roles, to prevent heat-related conditions.
- Ventilation and cooling: Employers are legally obliged to ensure adequate fresh or purified air. While air conditioning is not mandatory, providing fans or portable units, servicing existing systems, and opening windows can help maintain a "reasonable" temperature.
- Dress code: Dress codes should be relaxed where possible, though employers may still require certain standards for customer contact or safety. Staff should confirm with their employer before assuming shorts or flip-flops are allowed.
- Vulnerable people: Businesses must pay close attention to employees with pre-existing health conditions or pregnant workers, as they are disproportionately affected by extreme heat. Individual risk assessments are necessary for these individuals.
In summary, while there is no legal maximum temperature for work, employers have a duty to protect staff from heat-related risks. Workers who feel unsafe should raise concerns and, if necessary, seek medical advice or legal guidance.
