With temperatures rising across the UK, Fletchers Group’s award-winning HR Director, Tim Scott, has released comments explaining what British workers’ legal rights are when it comes to hot weather. Tim commented:
“Temperatures in UK workplaces can vary hugely depending on the activity undertaken in them and the type of buildings. The luckiest workers have air conditioning which allows the temperature to be set at a comfortable level regardless of the ambient temperature – although anyone who has ever been in charge of an office temperature dial will tell you that no two people can agree on what constitutes a comfortable level!”
What are employers’ legal obligations when it comes to looking after staff during hot weather?
“The law in this area is complex and specific advice should be sought for individual circumstances; however, in general, there is a legal obligation on employers to provide a “reasonable” temperature in the workplace.”
“People react differently to heat and different jobs and workplaces inevitably generate different levels of heat and/or cold. As a result, there is no maximum (or minimum) specified temperature; employers should make sure the workplace temperature is comfortable and provide clean and fresh air.”
“Common sense (and the employer’s ‘duty of care’) suggests that if people are complaining about the heat, employers should do something to help. They would be well advised to carry out a risk assessment (the Health and Safety Executive refers to a ‘thermal comfort risk assessment’ and provides a checklist to help) and work out what they can do – for example, providing fans or enabling workers to use any air-conditioned rooms.”
“Employers should already provide drinking water but might want to allow extra breaks for employees to get cold drinks – or even use the opportunity to reward staff with cold drinks and ice creams. Workers remember how they are treated in situations such as these and it can have a big effect on retention and engagement.”
Can I leave work if I feel it’s too hot?
“There is no blanket right to go home or stop working if the temperature is too high unless an individual feels unwell and needs to take sick leave.”
Can I refuse to go to my workplace if I feel my commute is too hot?
“Likewise having a hot commute is not a reason to not come into work, but, again, good employers who want to maintain positive employee relationships will be flexible around start/finish times, whether/when staff are required to come into offices (if they have the option to work from home) and dress codes, for example.”
Can I refuse to wear workwear or a certain uniform if it is making me too hot during warm weather?
“In terms of being required to wear a suit or a uniform, most employers will be flexible and should consider suitable alternatives. Employees should check their handbooks for any relevant dress code rules.”
Do employers have a duty of care to ensure home workers are in cool conditions during warm weather?
“For staff working from home on an informal basis, employers may offer (or require, depending on the contractual situation) office attendance if they believe their homes will be too hot to continue to work reasonably. For staff contracted to work from home, the employer’s duty of care extends to cover their workplace too – which can lead to difficulties for both parties.”
