In recent years, Britain’s Met Office issued an unprecedented red extreme heat warning for several areas of the country, anticipating temperatures to soar up to 40°C. While there is ongoing debate about the cause of this heatwave and how other countries regularly cope with similar temperatures, the fact remains that 40°C is exceptionally hot, especially in a country like the UK, where such high temperatures are not common.
Naturally, people are concerned about how this heatwave will impact their daily lives, particularly in terms of work. Many individuals want to know if there is a legal limit to how hot it can get before they can refuse to work.
To address these concerns, we have compiled a guide for managers and business owners to refer to during this heatwave and any potential future heatwaves. This guide aims to answer the most pertinent questions that employees may have.
Is there a point where it is “too hot to work”? In the UK, there is no specific threshold for temperatures being too high to work. While guidelines exist for lower temperature limits, indicating when work should stop due to cold conditions (16°C or 13°C for manual labour), there is no corresponding upper limit.
However, this does not mean that employers can expect employees to continue working regardless of how hot it gets. Health and safety guidelines require employers to maintain a “reasonable” temperature level, and employees have the right to raise concerns with their employers if they feel it is too hot to work.
Employers are obligated to safeguard the health and well-being of their employees on-site, and employees have the right to request adjustments if the temperature becomes unsafe.
Should employers fail to make necessary adjustments, employees have the option to cease work and argue that their employer is jeopardizing their health.
Can it be too hot to work outdoors? Similarly, there are no legally defined limits for working in hot temperatures, whether indoors or outdoors. However, heat poses a risk, and employers are legally bound to conduct risk assessments to protect the health of their employees.
If a risk assessment identifies heat as a potential hazard, appropriate measures should be implemented, including halting work if it cannot be performed safely.
Are workers with disabilities exempt during a heatwave? While there are no specific legal guidelines addressing what might be considered “too hot to work,” employers are still bound by other legislation to safeguard the well-being of their workers. This includes health and safety legislation and other relevant guidance.
For instance, the Equality Act stipulates that employers must make reasonable adjustments if an employee with a disability faces significant disadvantage due to the heat. Some employers may consider allowing disabled employees, who might be more susceptible to the effects of heat, to work from home as a reasonable adjustment.
Once again, this is not a legal requirement, but employees should be encouraged to voice any concerns to their managers, who are obligated to take reasonable action in response.
Is working from home an option during extreme heat? Although not legally required, allowing employees to work from home could be worth considering. While the shift towards remote work gained momentum during the pandemic, some employees may still prefer coming into the office to take advantage of air conditioning or to escape the heat-trapping nature of many British houses.
However, commuting to work in hot weather can be exhausting, and employees might already be fatigued before reaching the office. The government has suggested that employers consider temporary work-from-home arrangements to alleviate strain on the overheated transport network.
Are employees required to wear uniforms during a heatwave? Decisions regarding dress codes during a heatwave are entirely at the discretion of management. However, it is crucial that any choices made by you or your company’s leadership regarding working arrangements, or lack thereof, prioritize the well-being of workers. For example, if a strict dress code necessitates heavy clothing, it may be beneficial to relax these requirements.
Conversely, outdoor workers should be encouraged to keep their tops on (despite the tradition of bare chests on construction sites during the summer) and instead wear loose, lightweight clothing and hats to shield themselves from the sun.
Are additional breaks permitted during a heatwave? The law does not explicitly require employers to grant extra breaks during a heatwave, beyond those agreed upon in employment contracts. However, it is worth considering the benefits of providing such breaks. Working in intense heat is draining, and regular breaks allow employees to cool down, thus maintaining productivity levels.
Flexibility vs. Legislation The UK lacks specific laws addressing working conditions during heatwaves, as they have not been a significant issue until recent times. Instead, employers should consider their responsibility for their workers’ health and well-being under health and safety legislation. Employers are legally obligated to ensure the safety and health of their employees to the extent practical, whether it involves protecting against falls from heights or addressing unprecedented heatwaves.
Demonstrating leniency in enforcing dress codes, allowing breaks, and considering flexible working arrangements can go a long way in ensuring the well-being of employees and instilling confidence in their employer’s commitment to their health.
