As the UK braces for scorching temperatures reaching 39C in London on Wednesday, many workers are questioning whether they have a legal right to stop working when it gets too hot. According to PGM Solicitors, there is no set maximum workplace temperature defined in UK law, but employers are still required to maintain a reasonable working environment.
No Legal Maximum Temperature in UK
Unlike some countries such as Qatar, where construction work stops when the outdoor temperature hits 50C, the UK has no specific legal limit for maximum workplace temperature. The Health and Safety Executive (HSE) states that "a meaningful maximum figure cannot be given due to the high temperatures found in, for example, glass works or foundries."
PGM Solicitors explains: "Many employees believe there is a maximum workplace temperature set by the law which, once reached in the summer, means they’re entitled to be sent home from work. Unfortunately this is not the case – yet."
Employer Responsibilities Under the Law
Despite the absence of a specific maximum, employers have a duty under the Workplace (Health, Safety and Welfare) Regulations 1992. Regulation 7 states that "during working hours, the temperature in all workplaces inside buildings shall be reasonable." What is considered reasonable depends on the nature of the workplace, such as a bakery, cold store, office, or warehouse.
The Trades Union Congress (TUC) has called for making it illegal to keep people at work indoors if the temperature exceeds 30C, with protections for outdoor and mobile workers. Currently, employers must assess risks and implement control measures to ensure a safe environment.
When Can You Leave Work Due to Heat?
If a significant number of employees complain about thermal discomfort, the employer must carry out a risk assessment. The thresholds for triggering this assessment are:
- 10% of staff complain if the office is air-conditioned
- 15% of staff complain if the office is not air-conditioned
- 20% of staff complain in shops and warehouses
PGM Solicitors notes that there are six basic factors to consider: air temperature, radiant temperature (heat radiating from warm objects), air velocity, humidity, and the clothing or insulation workers are expected to wear.
What Action Can Employees Take?
If the workplace becomes uncomfortably hot, employees should first report their concerns to their employer. The HSE advises that employers must provide a working environment that is, as far as reasonably practical, safe and without risks to health. This includes taking steps to reduce heat, such as providing fans, adjusting work schedules, or allowing more breaks.
While you cannot simply walk out of work due to heat, if your employer fails to address unreasonable temperatures and it poses a health risk, you may have grounds for complaint or even legal action. The TUC continues to campaign for clearer legislation, but for now, the onus is on employers to act reasonably.
