As the UK braces for another heatwave with temperatures predicted to reach 39C and above in some areas, an employment lawyer has clarified workers' rights when the mercury rises. The Met Office forecasts the hottest point will fall on Wednesday and Thursday, potentially shattering the record for the highest June temperature ever recorded in the UK.
No Legal Maximum Temperature, But Employers Have Duties
According to the UK government, there is no law setting a minimum or maximum working temperature. However, guidance states that during working hours, the temperature in all indoor workplaces must be reasonable. The Approved Code of Practice suggests a minimum of 16°C for indoor work and 13°C for physical work involving rigorous effort, but no maximum is specified.
Employers must still adhere to health and safety at work law, which requires keeping the temperature at a comfortable level, providing clean and fresh air, and ensuring employees can report discomfort. The Health and Safety Executive classifies heat as a hazard with legal obligations.
Lawyer Warns of Consequences for Employers
Employment lawyer Natalie Peacock from Rogers and Norton says extreme heat is a growing workplace concern. She notes that heatwaves affect not just comfort but also performance and attendance. While there is no legal maximum temperature, employers owe a duty of care to staff. Failing to manage heat risks can breach the Health and Safety at Work Act.
Practical Steps Employers Should Take
Peacock advises employers to carry out risk assessments during hot weather, ensure breaks are taken, and provide facilities for hydration. Other measures include improving ventilation, providing shade for outdoor workers, and offering free sunscreen and fans. Some employers also consider flexible hours to allow work during cooler parts of the day or agree to requests for working from home.
Can Employees Go Home If It's Too Hot?
While there is no automatic right to go home, employees struggling with heat may request flexible working or remote work. Peacock highlights that duties to protect employees extend to home working, so employers should conduct homeworking risk assessments and may provide fans. Staff with health conditions aggravated by heat may be entitled to reasonable adjustments under disability discrimination law. Employers who fail to take reasonable steps could face claims if heat causes health issues.
Peacock concludes: "Ultimately, while employers cannot control the weather, there are steps they can take to protect their workforce which not only improves comfort but helps sustain performance during a heatwave."
