When temperatures soar, concentrating on anything beyond the sweltering heat can prove extremely challenging. For those working outdoors or in buildings lacking adequate air conditioning, carrying out tasks can become increasingly difficult. But at what point does heat become excessive?
Are There Legitimate Grounds for Leaving Work in Extreme Heat?
Kathryn Gilbert, head of HR services at Bhayani HR & Employment Law, discussed the matter with GTSE.co.uk, clarifying whether employees can decline to work in extreme heat and outlining employers' legal obligations.
She commented: "As hotter summers become more common in the UK, employers will increasingly need to treat heatwaves as a genuine workplace health and wellbeing issue rather than simply an inconvenience."
When Is It Too Hot to Work?
Current UK legislation doesn't specify a maximum workplace temperature, though employers are legally obliged to maintain "reasonable" workplace temperatures. Kathryn elaborated: "The legislation deliberately avoids prescribing an upper limit because what is considered safe or reasonable will vary significantly depending on the type of work being carried out."
For example, an acceptable temperature in a warehouse, kitchen or manufacturing environment may look very different to an office setting. Factors such as physical exertion, ventilation, humidity, protective clothing and access to breaks all play a part.
While there have been calls for introducing a statutory maximum temperature, implementing such measures would present considerable difficulties. Kathryn said: "A more likely development is increased guidance from the HSE around managing heat-related risks and stronger expectations on employers to carry out meaningful risk assessments during periods of extreme heat."
Can You Leave Work if It Gets Too Hot?
Simply feeling hot and uncomfortable isn't sufficient grounds to down tools, but where a genuine health and safety risk exists, there are certain steps you can take. Kathryn explained: "Under employment law, employees are protected from detriment or dismissal if they leave or refuse to return to a workplace where they reasonably believe there is serious and imminent danger. That could potentially apply in extreme heat situations, particularly where employers have failed to take sensible preventative steps."
In reality, most situations are best resolved through practical communication and temporary adjustments rather than employees walking out. Employers who engage sensibly and respond quickly to concerns are far less likely to face disputes.
Will I Still Get Paid if I Leave Because of Heat?
Kathryn said: "Pay can become a grey area. If an employer instructs staff to stop working or closes the workplace, employees would usually still be entitled to pay unless contracts clearly state otherwise. If employees refuse to work without sufficient justification, that becomes more complicated and fact-specific."
From a commercial perspective, the reputational and employee engagement impact of handling extreme weather poorly can often be just as damaging as the legal risk itself.
