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.

As the festive season draws ever closer and the nights are getting darker its important that
we all take a look at our health & safety policies to ensure we are keeping our staff safe at
work.

Well-being of employees

As the festive period gears up, it can often run the risk of burnout amongst
members of staff. This is especially prevalent in a time where employees are
working from home more often and struggling to create that work/life balance.
The increase in potential work related stress is compounded by the shrinking
daylight hours and potential personal difficulties individuals may face at
Christmas.

To help employees who may be feeling overwhelmed or struggling, it is key that
employers clearly communicate their systems for mental health support and
show how important employee well-being is.

Slips and trips

As workplaces are donned with tinsel and trees, it is important for employers to
make sure that decorations do not compromise the safety of employees in the
workplace. Christmas decorations can often lead to cables and other
obstructions across walkways, which increase the chance of accidents. Ensure
that all emergency exits are kept clear and that any decorations are securely put
up; depending on the extent of the decorations, it may be worth factoring them
into any risk assessments.

The additional risk to employees is in their commute to the office, as roads and
pavements become icy. To reflect this, employers may wish to include in their
handbook details as to what employees are expected to do if they deem the
journey to work too hazardous in the icy conditions.
This can also be true of workplaces for those who work at home. The duty of
care still subsist for home working, so giving some guidance on work-spaces is a
good way to assist.

Alcohol Consumption

In a season of Christmas parties and overindulgence, employees may be out
celebrating more often than they are used to. The risk this poses to employers is
in having potentially tired or still inebriated staff at work, which would cause
risk to other employees or visitors to the workplace. Its important to remind your
workforce of the safe limits for drinking and driving – especially if they are
driving in the morning.

Rise in seasonal illnesses

On top of the current pandemic, the winter period also sees a rise in other
seasonal illnesses, which can similarly spread around a workplace. To help
combat this, employers should ensure that the workplace is heated to a
minimum of 16 degrees and consider offering flu vaccinations to your
employees.

It is also important to maintain good hygiene and have a procedure in place if
you do get some high instances of flu or Covid 19 in your workplace.

Temporary staff

With many employers needing to bring in seasonal staff over the busy Christmas
period, bringing them up to date with training and company policies may fall by
the wayside. Employers should ensure that all staff are reminded of company
policies and all required training is duly completed.

Working at height putting Christmas Decorations up?

• Provide your staff with suitable step ladders to put up Christmas decorations, rather than standing on desks or balancing on office chairs, easy win!

• As with any other instance of working at height, employees should always be careful not to over reach and ensure they’re sporting sensible footwear. Heals are a big no no!

• Get some help, have someone hold the bottom of the ladder (which has should have been inspected before use).

• Always make sure the tree is stable and secure, if your tree is real rather than artificial, you should also keep it well-watered, but do not water it while the lights are switched on!

Lighting and Electricity

Your Christmas lights can deteriorate over time, bringing the risk of shocks, burns and could
even be a potential fire hazard!

So before putting lights on the tree, you should always conduct a visual inspection, checking the
condition of the wiring and ensuring that there aren’t any frayed/bare wires or broken/cracked
sockets. If you are suitably trained, check the fuse protection rating at the plug top.
The use of a Residual Current Devise (RCD) is ideal, as is the purchase of a new set! It is a good
idea these days to switch from your regular 240V mains lighting to low-voltage lighting, which
removes the risk of a fatal electric shock and remember to have them on a timer to switch them
off.

Check that you are not overloading sockets or extensions.

Fire starter
Fire, a huge area of importance which needs to be considered when putting up your Christmas
decorations, don’t hang/stick them:

• Too close to light fitting or heaters;
• Covering the fire detection sensor;
• Across doorways, make sure that trailing cables do not create a tripping hazard.

Use your common sense with this one and please, be extra vigilant.

Christmas trees
Make sure that trees are sensibly placed, not close to potential sources of ignition and not
blocking fire escape routes or exits.

• They must never be decorated with lit candles
• should always be set firmly in a suitable container so they don’t fall over
• Never located where they can cause an obstruction to the means of escape from the room/building;
• Natural Christmas trees can be extremely flammable, particularly as they
dry out and should therefore be kept in a tree stand filled with water and
adequately separated from heat source. Where possible use a flame
retardant alternative, they aren’t only a far lesser risk, but also less hassle.

The Office Christmas

Party
Most of us will be looking forward to letting our hair down at the Christmas party, a chance to eat
drink and be merry! Rather than having this in your workplace it’s both safer and more practical
to hold it at a local venue as sometimes it just isn’t worth the risks, of which there could be many.
Last but not least, enjoy yourself and have a very Merry Christmas!