It’s so hot – but is it illegal???

As UK temperatures soared to their highest this weekend in the third heatwave of the year, we have had quite a few of our employer clients wondering: legally, how hot is too hot to work?

When you’re on holiday sipping your favourite cocktail or keeping cool at the weekend in your shorts and umpteenth iced coffee the hot weather is something to be enjoyed. At work it’s another story.

What does UK law say about working in hot weather?

The Workplace (Health, Safety and Welfare) Regulations 1992 says workplaces must not be colder than 16 degrees (or 13 degrees for rigorous physical work), but there is no provision for any maximum temperature. They do however provide that employers must maintain a ‘reasonable temperature’ in the workplace. This is clearly ambiguous, and on the face of it does not appear to give workers much protection from extreme heat at work.

Why? Some workplaces are necessarily hotter (e.g. bakeries, glassworks) or their maximum temperature may vary drastically; and because the various workplace temperature regulations were made at least 30 years ago, when heatwaves were a much less frequent phenomenon.

Health and Safety at Work Act 1974 Act

Under this Act employers have a duty of care to ensure, so far as is reasonably practicable, the health, safety and welfare of their workers. Extreme heat is a hazard to workers health’, and so to comply with their duty under the Act, employers must take reasonable steps to protect their workers from it.

Management of Health and Safety at Work Regulations 1999

This Act requires employers to carry out risk assessments relating to hazards caused by heat. The three biggest risks to health during extreme heat are:

(i)   heat exhaustion,

(ii)  dehydration and

(iii)  UV rays.

An employer may breach their statutory duty under the 1974 Act if they fail to make any of the above adjustments when it would have been reasonable for them to do so.

Word of warning

In relation to employees (rather than workers), employers may be committing an implied breach of employment contracts by failing to provide safe conditions at work. Employees could feasibly resign and claim constructive dismissal if they can show that safety concerns related to extreme heat had not been addressed.

Practical Steps for Employers

• Carry out risk assessments to address heat (or extreme weather) as a workplace hazard.

• Ensure adequate ventilation, fans or air conditioning, access to cool water, relaxing dress codes, and consider allowing extra breaks.

• Best practice would be to consult with employees or their representatives on how best to manage extreme temperatures to maintain adequate working conditions – it can often be a subjective analysis.

What if you work outdoors?

• Employers should consider additional risks like sun exposure and dehydration. Practical steps might include providing protective equipment, sunscreen, and access to shade and cool water.

Vulnerable staff / protected characteristics

Employers should be aware that individual risk assessments may be required for vulnerable staff, with reasonable adjustments made as necessary.

"Reasonable" temperature

• There is no maximum but guidance suggests a minimum of 16°C for offices and 13°C for strenuous work.

• What is "reasonable" depends on the type of work, workplace environment, and the needs of vulnerable employees (such as pregnant workers or those with health conditions).

Possible changes on the horizon

Trade unions and health and safety bodies such as the TUC and UNISON are calling for a legal maximum temperature to be introduced. The suggested maximum temperature for indoor work is 30°C and 27°C for strenuous work.

Summary

Employers should think carefully about the risks that extreme heat could pose across their workforce. They should try to come up with plans which ameliorate the risks to their workers that do not interfere with the ordinary operation of their business. Adopting this strategy will mean employers will likely be deemed to have taken reasonable steps to protect their workers from extreme heat and will not face any liability or sanctions.