Thousands of parents across England and Wales may need to stay off work as more than 100 schools remain closed following the Met Office and UKHSA red warning for extreme heat. Temperatures are forecast to reach around 40°C on Wednesday and Thursday, posing a threat to life and disrupting major services including transport, energy, and water.
No Legal Maximum Workplace Temperature
While there is no legal maximum temperature for a workplace, employers cannot require employees to undertake unsafe journeys. However, employers are not obligated to pay workers who do not turn up. If a workplace is closed and working from home is not possible, the employer cannot dock pay or force annual leave. Employers must typically give at least two days' notice before mandating holiday.
Unpaid Leave and Working from Home
If an employee cannot get to work, the employer may suggest unpaid leave, but cannot force it unless it is already in the contract. If working from home is feasible, the employer can reasonably request it. Employers cannot require making up time later if flexible hours are not in the contract.
Rights for Unexpected Childcare Disruption
Employees are entitled to take reasonable unpaid time off if childcare arrangements are unexpectedly disrupted. They are protected from detriment for taking this time. Kate Palmer, employment law expert at Peninsula, explained: "Even though the employee’s absence is through no fault of their own, an employer has no obligation to pay an employee if he fails to turn up for work because the weather is bad, public transport is not running, or for the hours missed if he turns up late." She added that employers may offer to let employees make up time on another day or suggest holiday.
Workplace Closure Rules
If an employer decides to close the workplace, they must normally pay employees for the full day, unless the contract allows for unpaid layoff. For full-day closures, employees are entitled to full pay unless a contractual provision states otherwise.
Enforcing Holiday and Dependant Leave
Employers can require employees to take holiday but must give notice equal to twice the length of the holiday (e.g., 2 days' notice for 1 day's holiday). Short-notice holiday due to bad weather typically cannot be enforced unless the employee agrees. Employees with children do not have a statutory right to paid time off for emergency childcare, but contracts may provide this. If school closure is the sole reason for absence, employees may be entitled to unpaid time off for dependants.
