It's hot. Possibly too hot. Workplaces everywhere are descending into sweaty chaos, and nobody's quite sure what to do about it.
Facebook is awash with people complaining about the temperature in their workplace, with one Facebook group going so far as to organise a mass walkout in protest. But what does the law say? Can employees just down tools when the heat gets too much?
With Britain set to face a lengthy heatwave, here’s what you need to know.
How hot is too hot? The law
The long and short of it is that the law doesn’t set minimum or maximum working temperatures. However, it’s suggested that people typically work best at temperatures between 16°C and 24°C, depending on the type of work being done. Strenuous work is better performed at slightly lower temperatures than office work.
Guidelines suggest a general minimum of 16°C, or 13°C if the majority of the work involves rigorous physical effort. As far as maximum temperatures go, TUC guidance states that the maximum temperature employees should work in is 30°C, or 27°C for manual workers. If the work environment exceeds these temperatures, the TUC say staff should be allowed to go home. These limits, it argues, should be set in law so that employers and workers know when action must be taken.
In fact, in the midst of the recent heatwave, Jeremy Corbyn has announced a Labour policy to allow workers to go home if temperatures reach 30°C. Plans would include requiring employers to allow greater flexibility in working arrangements and dress codes, introduce extra breaks, and install cooling systems.
Although welcomed news to employees everywhere, many have pointed out that this is counter-intuitive, as one of Labour’s proposed “effective heating controls” is to require employers to introduce air conditioning, which will only exacerbate the issue of global warming further. The Institute of Economic Affairs has also criticised the Labour leader for chasing headlines, pointing out that employers already have a legal duty to provide comfortable working temperatures.
A health and safety issue
In the absence of legislation, employers still have a legal obligation under the Workplace (Health, Safety and Welfare) Regulations 1992 to provide a “reasonable” temperature in the workplace. However, again, it doesn’t specify what qualifies as reasonable, stating instead that this will depend on the nature of the work being carried out and the conditions of the workplace. It advises that it is up to the employer to determine what’s reasonable based on the particular circumstances.
So why can’t a legal limit be set?
Well, according to the HSE, “a meaningful figure cannot be given at the upper end of the scale due to the high temperatures found in, for example, glass works or foundries.” It explains: “In such environments, it is still possible to work safely provided appropriate controls are present.”
Nevertheless, the regulator does stress that workplace temperature is one of the potential hazards employers must address in order to meet their legal obligations. It emphasises that health and safety law requires employers to undertake a risk assessment to identify possible causes of harm within the workplace and take steps to reduce these risks to as low a level as possible.
What’s the harm?
As well as it being uncomfortable to work in hot temperatures, there are very real health and safety risks of working in a sweltering environment, including dizziness, fainting or even heat cramps (painful muscle spasms). What’s more, heat also leads to a loss of concentration and increased tiredness, which has obvious safety implications as it means workers are more likely to put themselves or others at risk.
As temperatures increase, so does the body’s blood temperature.
- If blood temperature exceeds 39°C, there is a risk of heat stroke or collapse.
- Above 41°C, delirium or confusion may occur, which can prove fatal. Even if a worker recovers, the damage done to their organs may be irreparable.
Employers should be particularly wary of employees with existing health problems (as heat may aggravate medical conditions and illnesses such as high blood pressure or heart disease due to increased load on the heart) and workers over 65, who are at greater risk of heat stress.
As well as risks to employees’ health and safety, which should be employers’ primary concern, hot workplaces are also detrimental to productivity. According to one study into the effect of temperature on employees’ ability to carry out tasks in an office environment, staff perform best when temperatures are within a “comfort zone” of between 22°C and 25°C. Above this level, productivity fell.
Employment Law considerations
Hot weather can invite a number of employment-related issues. Here’s some of the most common queries employers have when it comes to managing staff during a heatwave.
Do I have to amend my dress code?
No. Employers are under no legal obligation to relax their dress code during hot weather; however, allowing employees to wear more comfortable clothes or having dress down days may help to maintain productivity and improve morale.
If an employee turns up to work wearing something that’s not in line with your dress code, you should pull them aside discretely and remind them of your policy and what is considered acceptable to wear to work. For first minor breaches, it would be inappropriate to formally discipline them; however, if employees continue to wear inappropriate clothes which are not in keeping with your dress code, formal disciplinary action may be called for.
Remember, it’s important to ensure that your dress code is not discriminatory and the rules are reasonable and fair. While you can set different requirements for men and women, you must make sure you do not treat one gender less favourably, otherwise you may face claims of unlawful discrimination.
Do I need to allow flexible working?
No. There’s currently no legal obligation to do so. However, from an employee relations perspective, if this can be accommodated then employers can consider temporarily allowing employees to work from home or permitting flexible start and finish times to assist their employees during the hot weather.
What should I do if an employee refuses to work during hot weather?
Employers should firstly investigate why employees are refusing to work. If they are unable to provide a reasonable explanation for their refusal, you should address the matter in line with your disciplinary processes. Refusal to carry out a reasonable management instruction can constitute gross misconduct, which ordinarily results in dismissal.
Top tips for employers when dealing with a heatwave
Director of Health & Safety Services
Nick Wilson, Director of Health & Safety at Ellis Whittam, says that as the UK experiences one of its hottest summers on record, employers and employees should take simple, sensible steps to adapt to working in the heat, including outdoor work.
The Approved Code of Practice that accompanies the Workplace Regulations says that employers must take “all reasonable steps” to achieve a comfortable working temperature. Fortunately, ensuring a reasonable temperature isn’t all that difficult. Some of the practical steps employers should take include:
- Moving employees away from direct sunlight and sources of heat;
- Opening windows and installing reflective film or blinds for shading;
- Using fans, or installing ventilation or air-cooling systems;
- Insulating hot plants or pipes;
- Reminding staff to stay hydrates
- Relaxing the dress code if appropriate (and only if the employee isn’t working in a safety-critical role); and
- Allowing flexible working arrangements, such as working from home or changing working hours.
The Code states that employers must provide “effective and suitable ventilation”. However, make sure this isn’t simply done by opening doors that act as fire doors.
When it comes to determining what a “reasonable” temperature is, the Code says that a number of factors must be taken into account, including:
- Protective clothing;
- Physical activity;
- Radiant heat;
- Air movement;
- Length of time someone does a job.
The Code requires employers to provide a suitable number of thermometers to allow workers to check indoor temperatures.
Strenuous physical work in hot weather can lead to heat stress and heat exhaustion. Too much sunlight can cause skin damage, including sunburn, blistering and skin ageing, and long-term exposure can lead to an increased risk of skin cancer. As an employer, there are some sensible controls that should be implemented to protect your workers. These include:
- Rescheduling work to cooler times of the day;
- Providing more frequent rest breaks and introducing shading to rest areas;
- Introducing shading in areas where individuals are working;
- Providing free access to cool drinking water;
- Reiterating the importance of wearing sunblock and/or a hat;
- Making sure protective clothing is light and suitable;
- Encouraging the removal of PPE when resting to help facilitate heat loss;
- Educating workers about recognising the early symptoms of heat stress.
There are around 100,000 new cases of skin cancer every year in the UK, albeit under 10% are malignant. Most cases are caused by exposure to sunlight and are easily preventable. Working outside in hot weather can also lead to dehydration, heat stress, fatigue, muscle cramps, rashes, fainting – and, in severe cases, loss of consciousness. An adequate risk assessment should be carried out to evaluate and ensure appropriate controls are in place.
Speak to an expert
From outdoor event safety to managing holiday requests and unauthorised absence, for expert advice and guidance on any health and safety or employment law challenge this summer, call 0345 226 8393 or request a free consultation using the button below.