As temperatures in the UK soar to 33°C, questions have arisen about the legal obligations of employers to ensure a safe working environment during extreme heat.
According to James Muller, Principal Associate in Weightmans‘ Health & Safety Team, there are no specific laws allowing workers to stop working due to high temperatures. However, UK employment law mandates that employers have a duty of care to maintain a safe working environment and protect the health and welfare of their employees.
Muller highlights that failure to meet these responsibilities could lead to enforcement action from the Health and Safety Executive (HSE) or Local Authorities. Additionally, employees may have grounds to claim personal injury compensation if they become ill or injured due to unsafe working conditions.
Employer Responsibilities During a Heatwave
Employers are required to take all “reasonably practicable” measures to ensure their employees’ health and welfare, particularly during a heatwave. This includes creating a safe environment that reduces the risk of heat-related illnesses. Employers must also consider employees with pre-existing health conditions that could be exacerbated by high temperatures, such as medically vulnerable individuals or pregnant employees.
Muller advises that during heatwaves, employers should be as flexible as possible to accommodate their employees’ well-being while balancing business needs. Flexibility might involve allowing employees to work flexible hours to avoid peak heat times, encouraging remote work, or even shortening the workday if feasible. Providing more frequent breaks, especially for those in physically demanding roles, can help prevent heat-related illnesses and maintain productivity.
The Impact of Different Working Environments
The risks posed by high temperatures can vary significantly depending on the working environment. Employees engaged in physically demanding roles face higher risks during heatwaves. To mitigate these risks, employers should offer hydration stations, shaded rest areas, and breathable protective gear. Rotating tasks to limit heat exposure is also beneficial.
In office settings without air conditioning, employers can optimise ventilation, designate cooler break areas, and relax dress codes to help employees stay comfortable. For employees working from home without air conditioning, providing fans or portable units and offering utility stipends are effective measures to support their well-being.
Ensuring Clean, Fresh Air in the Workplace
The Health and Safety at Work Act 1974 and the Workplace (Health, Safety, and Welfare) Regulations 1992 require employers to ensure a healthy work environment by providing sufficient quantities of fresh or purified air. This is especially critical during a heatwave. Employers should regularly maintain air conditioning systems, replace filters, and enhance ventilation through fans and open windows. Additional steps like incorporating indoor plants to improve air quality and using dehumidifiers to control humidity levels can also be beneficial.
Employee Rights and Employer Obligations
Employers may adjust dress code policies during warmer weather, but they can still enforce certain appearance standards, particularly for customer-facing roles and to ensure health and safety. Employees are advised to consult with their employer if there is any uncertainty regarding dress code policies during a heatwave, rather than making assumptions.
While employers are not legally required to provide air conditioning, they must ensure that enclosed workplaces are ventilated with a sufficient quantity of fresh or purified air. What constitutes “sufficient quantity” depends on the specific circumstances. Employers should consider using fans or air conditioning where possible, providing cool water, and encouraging employees to stay hydrated. Adjusting dress code requirements may also be appropriate.
Employees are not permitted to leave the workplace solely because of high temperatures, unless they feel unwell and need to take sick leave. The Workplace (Health, Safety and Welfare) Regulations 1992 mandate that employers ensure a “reasonable” working temperature. It is up to the employer to determine what constitutes reasonable comfort, considering any employees with health conditions or those who are pregnant. Open communication between employers and employees is encouraged to reach a reasonable solution.
Employers can send employees home if extreme heat poses a risk to health and safety, though there is no legal maximum temperature for workplaces. The Health and Safety Executive requires employers to ensure a safe working environment. If employees can work from home or another cooler location, they should be allowed to do so. If this is not possible, employees may still be entitled to their usual pay, depending on the circumstances, the terms of their employment contract, and the employer’s policies.
