The moment the temperature climbs, the same question lands in our inbox; can you put down the tools and head home when the office feels like a greenhouse? And what does the law actually expect from employers when a heatwave hits? Here we will answer that question, along with some simple ways to keep your team cool, safe and productive through the hottest weeks of the year.
Is there a legal temperature limit at work?
Let us start with the question everyone asks. There is no maximum legal temperature for workplaces in the UK. The Health and Safety Executive (HSE) is clear that no upper limit exists, because every workplace is different. In many indoor settings the heat comes from the work itself rather than the weather, think bakeries, commercial kitchens and foundries, where high temperatures are part of the job all year round.
There is guidance on minimum temperatures though. Indoor workplaces should normally be at least 16°C, or 13°C where much of the work involves rigorous physical effort.
So if there is no maximum, can employers simply let staff bake? Absolutely not.
Under the Workplace (Health, Safety and Welfare) Regulations 1992, employers have a legal duty to keep the temperature at a reasonable level and to provide clean and fresh air. Reasonable is the key word, and what counts as reasonable depends on the type of work and the environment people are working in.
So can I actually leave if it’s too hot?
There is no automatic right to walk out simply because you feel hot. Because there is no maximum temperature set in law, you cannot point to a number on the thermometer and say you are entitled to go home.
That does not let employers off the hook. Employers have a duty to provide a safe working environment and without risks to health, as far as is reasonably practical, and to assess risks and put sensible controls in place. At a stretch, employees may be able to rely on s44 Employment Rights Act which protects employees from detriment if they refuse to work in an unsafe environment, but this is quite a high bar as the environment would have to be a danger to life.
If the heat is genuinely making the workplace unsafe or is affecting your health, the best first step is to raise it with your employer as soon as you can, so solutions can be explored together. In our experience, the vast majority of temperature problems are sorted out quickly through a calm conversation rather than through a standoff. It is vital that employers put the safety and wellbeing of their staff at the forefront of service delivery, check out one of our blogs about supporting wellbeing in the workplace, here! .
What are the unions calling for?
The Trades Union Congress (TUC) has long campaigned for a maximum indoor working temperature, set at 30°C, or 27°C for those doing physically demanding work, beyond which work would have to stop. It also wants employers to be required to act once the temperature climbs above 24°C and staff start to feel uncomfortable.
For now, this remains a campaign rather than the law. None of the TUC’s proposals has been written into legislation, so the legal focus stays firmly on whether an employer has acted reasonably, not on whether a specific number has been hit.
What the HSE expects employers to do in hot environments
If staff are experiencing discomfort in the heat, the HSE expects employers to take it seriously, review the situation, carry out a risk assessment and then act on what it finds. Practical steps the HSE suggests include:
- Providing fans, whether desk, pedestal or ceiling mounted
- Offering air cooling or air conditioning, along with good ventilation (if air conditioning is not available, then maybe suggest different working spaces where there is access to air conditioning).
- Making sure windows can open to keep air moving
- Shading people from direct sunlight using blinds or reflective film on windows
- Moving workstations away from direct sunlight and other sources of heat
- Insulating hot machinery and pipework
- Providing cold water dispensers, since water is far better than caffeine or fizzy drinks for staying hydrated
Employers can also rethink how people work during a hot spell:
- Introducing flexible working patterns, such as job rotation or moving people to cooler parts of the building
- Allowing enough breaks for staff to grab a cold drink and cool down
- Relaxing formal dress codes, while making sure any required personal protective equipment (PPE) stays in place
Do not forget the people who feel it most
Heat does not affect everyone equally. Employers should pay particular attention to anyone pregnant, has a health condition or disability, or takes certain medication, as these can all make hot conditions harder to cope with. For more information on how this can impact your business, visit our blog here!
The HSE suggests monitoring how the temperature is affecting these workers and, where needed, putting health surveillance or medical screening in place. The same care applies to anyone wearing PPE, which traps heat and stops sweat evaporating, raising the risk of heat stress. Where PPE is essential, employers can allow slower work rates, more frequent breaks and longer recovery times.
The bottom line
There is no magic number that lets you legally leave work when it is hot, but employers are far from powerless and far from off the hook.
The duty to keep workplaces reasonable, safe and well ventilated is an important one, and the smartest employers act early rather than waiting for complaints to stack up. If you are the one feeling the heat, speak to your employer. If you are the employer, a few small and inexpensive changes can keep your team comfortable, focused and well looked after, whatever the forecast throws at you.
How can Thrive Law help?
As an owner-run business, we know how many hats you have to wear and just how precious your time is. As qualified employment and HR lawyers, we also know how costly it can be to get people decisions wrong.
When you partner with Thrive for outsourced HR support, we take the stress off your plate so you can focus on running your business, with the reassurance that your letters and decisions have been checked by a qualified lawyer before you act on them.
People sit at the heart of every successful business, and keeping on top of ever-changing legislation while getting the best from your team is no small task. We are here to help, including in the event that an employee approaches ACAS or the employment tribunal.
Get in touch today to invest in your business and make your HR stress-free.
Email enquiries@thrivelaw.co.uk
Or check out Jodie Hill’s YouTube Channel for more employment law support, case summaries and top tips to keep your business thriving!.
Disclaimer
Please note this blog is for reference purposes only and is accurate only at the date it was published. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your circumstances should always be sought separately before taking, or deciding not to take, any action. Please contact us if you have any questions at enquiries@thrivelaw.co.uk.
