Most of the UK is experiencing a heatwave this week, with the hot weather set to get hotter beyond the weekend. For those of us not fortunate enough to enjoy air-conditioned offices it’s certainly uncomfortable, but what exactly are your rights when it comes to working in the heat? When is it legally too hot to work?
SME Today got comments from an employment lawyer and a personal injury lawyer .
Marcin Durlak, Managing Partner at IMD Solicitors says:
“Under the law, there is no maximum temperature that makes it too hot to work, however employers are under obligation to provide ‘clean and fresh air’ and the work temperature at a ‘comfortable level’, according to the Health and Safety Executive.
“Despite the broad nature of this law, it is wise for employers to take a common sense approach to ensure their employees remain safe. Inevitably a hot day will mean employees, especially those carrying out manual work, are more likely to become overheated, dehydrated and if working outside, suffer from heatstroke. Employers should consider: amending working hours where possible to avoid the midday sun; regular breaks and shaded areas; PPE which can be cooling and protective; providing plenty of water; as well as minimising the use of machinery that generates high temperatures for those operating or working around it.
“Similar consideration should also be given to those employees working in more sedentary roles – ensuring air ventilation is comfortable and encouraging the use of fans and providing air conditioning (if you have the facilities); installing and using window blinds; and allowing employees to work from home if they feel it’s a cooler environment.
“Implementing the above will mean your employees are more likely to carry out effective work, without compromising their health and wellbeing, minimising heavy business disruption from the hot weather.
“The climate crisis and the increasing cost of energy has caused some firms to reduce their electricity bills by not using the air conditioning system in the indoor workplace. However this should be balanced with the need to protect workers, especially those working in factories. Employees struggling with the heat may be more likely to take sick days, or could take legal action against the company if they suffered from serious injury from working in the heat without protection, which could cost the business more in the long run. Companies should consider investing now in energy efficiency strategies to minimise their bills in the long run, rather than compromising employee safety in the hot weather.”
Charlotte Dowson, Senior Solicitor at Bolt Burdon Kemp says:
“We are currently in the midst of a heatwave and whilst employers have a duty to protect the health and safety of their employees, the UK does not have a maximum working temperature enshrined in law. The Health and Safety Executive (HSE) asks employees to take a common-sense approach in determining a ‘reasonable temperature’ for their workplace.
“Working in environments that are too hot carries the risk that an employee could develop heat stress. It is important that employers carry out a thermal risk assessment and identify ways to reduce the risks associated with their employees working in hot weather.
“In offices this could include providing air conditioning, desk fans or standing units. For outdoor work protective clothing, sunglasses, bottled water and sunscreen could be supplied. Regular rest breaks, changes to shift patterns, reduced hours, and working practices can also be implemented.”
