As the UK focusses on trying to keep cool, the Met Office has issued a rare red warning for extreme heat covering parts of England and Wales from today and schools are confirming closures.
With heatwaves becoming the norm as we navigate climate change, employment law is again in the spotlight as there is a need to consider legal rights when temperatures soar during working hours.
Is 40 degrees too much?
Whilst the law doesn’t recognise a statutory maximum working temperature, employers are not free to ignore excessive heat. There are legal obligations in place, and failing to meet them can expose employers to significant risk.
The Workplace (Health, Safety and Welfare) Regulations 1992 require employers to ensure that workplace temperatures are “reasonable.” Employers must also comply with the Health and Safety at Work Act 1974, which imposes a broader duty to ensure, so far as reasonably practicable, the health, safety, and welfare of employees.
Guidance from the Health and Safety Executive (HSE), says employers must stick to health and safety at work law, which includes keeping temperatures at a “comfortable” level, and “providing clean and fresh air”.
Acas says that “except in extreme circumstances, workers usually need to follow their contracts and work with their employer to find a suitable and safe way to work”.
Last month, the Climate Change Committee (CCC) said the UK should introduce a maximum temperature for workplaces to protect people as heatwaves intensify due to climate change. In cold weather, the HSE says the minimum temperature for an indoor workplace should normally be at least 16C – or 13C if the work involves “rigorous physical effort”.
What is “reasonable”?
This depends on the nature of the work and the environment. What is acceptable in an office setting may not be reasonable in a warehouse, kitchen, or construction site.
Practical Guidance
- Providing adequate ventilation or air conditioning
- Supplying cool drinking water
- Allowing more frequent rest breaks
- Relaxing dress codes where appropriate
- Adjusting working hours to avoid peak heat
Carrying out risk assessments may also be appropriate, particularly for vulnerable or at risk groups of workers such as pregnant or disabled employees, and those roles that require physically demanding work.
Risk of failing to take reasonable and practical steps
Employers who take a laid back approach may well find themselves facing claims for breach of health and safety obligations or even disability discrimination, sex, pregnancy discrimination and constructive dismissal in more serious cases if employees are able to successfully argue that the omissions of an employer were tantamount to an irrevocable breach of contract or breach of the implied term of trust and confidence.
Employee Rights – keep cool and carry on?
Where working conditions become unsafe in excessive heat, employees have the right to:
- Raise concerns with their employer or health and safety representative
- Refuse to work in conditions they reasonably believe pose a serious and imminent danger
- Be protected from detriment or dismissal for raising health and safety concerns
It is important to note that simply feeling uncomfortable is unlikely to justify refusing to work. The threshold is higher: there must be a genuine and reasonable belief of serious danger.
Homeworking and Heat
For employees working from home, the legal position is less clear. Employers still owe a duty of care, but employees also have greater control over their environment.
Employers should not ignore homeworking risks and are advised to provide guidance on managing heat, encouraging breaks, and maintaining reasonable expectations around productivity.
Other considerations
Whilst school snow days are well versed, school heat days, less so. With mercury reaching record highs, many schools impacted by the red weather warning have confirmed the decision, supported by the local authority to close early, with a few closing entirely for the remaining week.
As with the workplace, whilst there is no legal maximum temperature for classrooms, teaching unions have recommended that schools should aim to keep indoor temperatures at a maximum of 26C. in the absence of air conditioning which is a luxury for far and few between schools, this seems an impossibility in the coming days.
How can you go to work if your child’s school is closed?
As parents juggle jobs, childcare and safety concerns, the pressure is immediate and often overwhelming.
Under the Employment Rights Act 1996, employees have the right to take time off for dependants. This right applies to full-time or part-time employees, and specifically covers sudden disruptions to childcare, including school and nursery closures caused by severe weather.
How should you tell your employer?
You should let your employer know as soon as possible and give an idea of how long you expect to be away.
How long can you take off?
The law only allows for a reasonable amount of time off, and there is no fixed definition of what counts as reasonable. This is assessed on a case-by-case basis, depending on your individual circumstances. Dependant leave is intended for short-term emergencies rather than long-term childcare issues.
If a school closure continues for several days, employers may reasonably expect parents to have explored alternative childcare options where this is possible.
Does my employer have to pay me?
In most situations, dependant leave is unpaid unless an employment contract or workplace policy states otherwise. Often for one off occasions, employers may choose to pay, previous responses are a good indication of what to expect.
Some parents may decide to use annual leave so they continue to receive pay, but this needs to be agreed with your employer in advance. If more time off is required, employees have the option to use annual leave or request unpaid leave if holiday entitlement has already been used up.
Can I ask to work from home?
It is always worth asking, and depending on the industry sector it is very likely that employers would be willing to agree on a one off occasion. For home workers, it is worth informing your employer that you will have childcare responsibilities due to child care closures and discuss whether it is appropriate for you to work or take annual leave or time
off to care for a dependant paid / unpaid. Employers are encouraged to adjust expectations around meetings, calls and working hours where possible.
As extreme weather conditions is recognised as an emerging workplace risk, employers should take a proactive, common-sense approach to not only remain compliant but also support employee wellbeing and productivity.
For advice on managing extreme weather conditions in the workplace and employee matters please contact a member of our team on info@osbornewise.com