As the North East approaches heatwave temperatures, understanding your rights when working in high heat is crucial. With summer bringing more frequent hot spells, knowing when it is safe to work is vital for your health.
Legal Duties of Employers
Employment law expert Natalie Peacock, from Rogers and Norton, warns that many workers wrongly believe there is a legal maximum temperature for offices and workplaces in the UK. While political figures like Zack Polanski and the Green Party have called for a workplace temperature cap, the government has not proposed any legislation. However, employers still have a legal duty to protect employees, which includes ensuring safe working temperatures.
"Whilst there is no legal maximum workplace temperature, employers still owe a duty of care to their staff," Peacock said. "Failing to manage the risk can amount to a breach of the Health and Safety at Work Act."
Practical Steps for Employers
Workers should expect employers to take practical steps during heatwaves. These include allowing extra breaks, ensuring staff can stay cool and hydrated, and improving ventilation. For outdoor workers, providing shelter or shade is essential. Some employers also offer free suncream and fans.
"Employers must consider carrying out risk assessments regarding hot weather and its impact on their workforce," Peacock added. "To reduce the impact, employers may consider temporary adjustments such as flexible hours for working during cooler parts of the day or agreeing to requests for working from home."
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 employees' homes.
Protections for Vulnerable Workers
Workers with medical conditions affected by heat could have extra legal protections if employers fail 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," Peacock warned. "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, improving comfort and sustaining performance during a heatwave.
