No Legal Maximum Temperature for Workplaces
As the Met Office issues a rare red weather warning for southern England and southeast Wales, temperatures are expected to soar to 37°C on Tuesday, potentially exceeding 38°C later in the week. While there is a minimum working temperature of 16°C, there is currently no maximum temperature set by law. This is because some workplaces, such as bakeries, naturally reach higher temperatures than offices, making a blanket limit impractical.
Employer Duty of Care
Neha Thethi, Head of Employment at Lime Solicitors, explains that employers have a 'duty of care' to provide a safe working environment where staff are not at risk of falling ill from heat. Although there is no legal obligation to ensure a specific temperature, employers must take proactive steps during extreme heat. This includes installing air conditioning, ensuring access to cold water, and checking in with staff at least once a day to remind them to stay hydrated and take breaks.
Remote and Hybrid Workers
Many remote and hybrid workers may lack air conditioning, relying only on open windows. Thethi notes that street noise and neighbors can disrupt phone or video calls, making this option impractical. Businesses should consider providing electric fans or other cooling measures to support these employees.
Dress Code Relaxations
During hot weather, employers should relax restrictive dress codes, such as ties, jackets, and waistcoats. Thethi argues that employees are unlikely to produce their best work when distracted by heat. Introducing a dress-down policy for affected days, including for video calls when working remotely, can help maintain comfort and productivity.
Flexible Working Arrangements
Thethi suggests implementing early-start and late-finish workdays, common in hot countries, to allow workers to rest during peak heat and work when it is cooler. She emphasizes that employee health and safety should always be a priority, and failing to consider adjustments could lead to personal injury disputes, especially for those with existing health conditions like COPD or arthritis that make heat particularly difficult.
Outdoor Work and Forced Work
Extra caution is needed for outdoor workers. Employers cannot force staff to work if temperature and noise levels prohibit safe working. If employees fall ill due to heat, it could result in legal disputes. Ultimately, employers must prioritize health and safety, especially during extreme weather events.
