The UK is experiencing a severe heatwave with temperatures forecast to reach 38°C in some areas, prompting a rare red weather warning from the Met Office. This has raised questions about employees' rights and employers' obligations under UK health and safety law.
No Legal Maximum Temperature
Contrary to common belief, there is no specific legislation that sets a maximum working temperature in the UK. The government's health and safety guidance states that during working hours, the temperature in all indoor workplaces must be reasonable. However, no exact figure is given for when it becomes too hot to work.
For minimum temperatures, guidance suggests 16°C, or 13°C for staff doing physical work. But there is no equivalent maximum limit. This means employers are not legally required to stop work at a certain temperature, but they must comply with broader health and safety duties.
Employers' Legal Duties
Under the Health and Safety at Work etc. Act 1974, employers have a duty to ensure the health, safety, and welfare of their employees. This includes maintaining comfortable temperatures and providing clean, fresh air. The Management of Health and Safety at Work Regulations also require employers to assess risks, including those from high temperatures, and take appropriate action.
For outdoor workers, the Construction (Design and Management) Regulations stipulate that suitable protection from severe weather must be provided, and rest areas must be kept at a suitable temperature.
What Employees Can Do
Employees who find their workplace too hot should raise the issue with their employer. If the employer fails to address the problem, employees can contact their local authority or the Health and Safety Executive (HSE) for advice. In extreme cases, employees may have the right to refuse to work if they believe there is a serious risk to their health, but this should be a last resort.
According to the government website, employees are urged to flag up concerns if workplace temperatures become unbearable. The HSE can investigate complaints and take enforcement action if necessary.
Practical Measures
Employers can take several steps to mitigate heat-related risks, such as providing fans, air conditioning, or portable cooling units; allowing flexible working hours to avoid the hottest part of the day; providing regular breaks and access to cool drinking water; and relaxing dress codes. For outdoor workers, providing shade, sunscreen, and appropriate clothing is essential.
The Met Office has issued a red warning for extreme heat, which indicates a danger to life. Employers should take this seriously and review their risk assessments accordingly.
