Working in a heatwave can be challenging, but how hot is too hot to legally leave work? With temperatures set to climb again, an HR expert has clarified your rights.
When Is It Too Hot to Work?
Under current UK law, there is no maximum workplace temperature. However, employers are legally required to ensure workplace temperatures are “reasonable.” Kathryn Gilbert, head of HR services at Bhayani HR & Employment Law, explained to GTSE.co.uk: “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.”
There have been calls for a legal maximum temperature, but enforcing this would be difficult. Kathryn added: “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?
If you are simply hot and uncomfortable, you cannot just stop working. However, if there is a health and safety risk, you do have some options. Kathryn said: “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 noted: “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.”
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.
