Too Hot to Work

The TUC is putting pressure on the next government to introduce a maximum working conditions temperature. Currently, there is no UK workplace temperature regulation stipulating maximum temperatures. Therefore, employers having to send staff home on full pay once a ‘legal working temperature is reached can be ruled out as a myth.

However, that doesn’t mean employees cannot raise working conditions temperature concerns or that employers can simply disregard any issues raised.

As always, employers have legal obligations towards the health and safety of their workforce, and workplace temperatures should be ‘reasonable.’ This means that for offices or similar work locations, the temperature should be at a comfortable level (known as thermal comfort).

There are, of course, added risks and dangers for those who are expected to work outside. For advice on workplace temperature regulations for those working outside in the summer heat, please see our Health and Safety Guide here: Working in the Sun.

How can high workplace temperatures affect workers, and what can employers do?

People are affected by the heat in different ways. The NHS gives examples of the types of health conditions that may be affected by high temperatures:

• Long-term respiratory and lung conditions such as asthma and COPD
• Heart conditions
• Diabetes
• Kidney Disease
• Parkinson’s Disease
• Some mental health conditions
• Menopause

Long-term medical conditions are likely to meet the legal definition of a disability. Employers have legal duties under the Equality Act concerning employees with disabilities, which include making reasonable adjustments.

The types of adjustments will depend on the type of condition, the role, the work environment, and how that condition affects the individual, but they can include:

• Extra breaks
• Adjustments to working patterns: For example, adjusting work times to avoid commutes during the hottest part of the day, temporary hour reductions
• Sick leave: if employees are too unwell to attend work because the high temperatures are affecting their health, they should be recorded as being absent due to sickness, assuming they follow absence reporting procedures and provide fit notes (medical certificates) for absences of over 7 calendar days, they should receive any sick pay they are entitled to.

While there may not be legal working temperature limits, employers must adhere to their duties and responsibilities under the Equality Act by assessing the risks of those with underlying medical conditions and ensuring that any adjustments that can be reasonably implemented are put in place.

Please note that when employees with disabilities (or pregnant employees) are absent due to sickness during heatwaves, employers should avoid taking disciplinary action because this could place you at risk of a disability discrimination claim.

If you have concerns regarding an employee’s sickness or absence, please seek advice from our experts.

Time Off for Dependants and Carer Responsibilities

Children and the elderly are classified as high-risk groups in hot weather. Employees who have dependent children or elderly relatives may need time off for any emergencies, such as a dependent illness or if they have to leave work early to pick up their child.

This time off is not paid (unless the contract states otherwise), but it is a statutory right, so employees faced with needing to take time off under these circumstances should not be subjected to a detriment.

Employers should also be aware of the right to take carer leave, which was implemented earlier this year. For more information, please see our article here: The Carer’s Leave Act.

Workplace Temperature Regulation: Instructions for Air Conditioners or Fans

Getting the ambient workplace temperature correct to please everyone is a very tall order, and anyone who has worked in an office environment will have witnessed their fair share of ‘aircon wars.’

If you have air conditioning units or systems in the workplace, then make sure they are being used properly. For example, it is recommended that if the air conditioning is on, the windows and doors be closed. If your staff don’t know this and have the air conditioning blasting while the windows are open, not only is this a waste of energy, which is bad for the environment and your finances, but it will also be less effective.

Plus, to avoid the settings being tampered with every time someone walks past, it is best to designate an authorised person to adjust the settings. This will also give staff a point of contact to raise any concerns they have regarding the workplace temperature. Set the rules for air conditioning use and make sure everyone is aware of them.

Managing Workplace Temperature with Office Equipment

Any electric fans that staff bring into work from home should be PAT tested.

Likewise, be aware that electrical equipment such as laptops, computer screens, and printers all produce heat and can increase workplace temperatures. As well as saving energy and costs, encouraging staff to turn off electrical equipment when not in use may also go some way towards reducing temperatures.

If staff can’t get to work during hot weather, are they entitled to be paid?

It’s an employee’s responsibility to get to work, but there will be times when an employee’s usual means of getting to work are not possible, and sometimes extreme heat can affect public transport services.

If weather warnings are issued, it is advisable to raise the subject of travel with your staff as soon as possible. Those who rely on public transport should start to investigate alternative means of travel; likewise, you can suggest vehicle sharing, swapping shifts, or home working where possible.

If an employee can’t get to work due to travel problems, there is no obligation on the employer to pay the employee. However, you should try to be as reasonable as possible and investigate alternatives, such as home working or allowing the employee to take annual leave.

Breaks and Hydration During Hot Work Conditions

All tasks are made more challenging with high workplace temperatures. Make sure that staff take the breaks to which they are legally entitled.

If a shift is more than 6 hours long there must be an uninterrupted break of at least 20 minutes, and this break should not be at the beginning or the end of the shift (i.e., late start, early finish instead of a break).

Under 18’s are entitled to a 30-minute rest break if they work more than 4.5 hours.

If you don’t permit staff to have drinks with them whilst they are working, perhaps they are in a customer-facing role or it is unsafe to have liquid around whilst working, make sure staff have frequent breaks to ensure they remain sufficiently hydrated.

Advice on Keeping Cool for Home Workers

Employers have the same duty of care to someone who works from home as they have to someone who works in an office. The employer has a responsibility to take reasonable steps to ensure home workers have a safe working environment, including their working conditions temperature.

The employer is not expected to install air conditioning units at their employee’s address of course but the employer should make sure H&S policies are regularly distributed and distribute any NHS health advice (found here) on keeping cool in hot temperatures.

High Workplace Temperatures: Relaxing Uniforms/Dress Codes in Hot Weather

It is important to dress appropriately for work but consider relaxing dress codes in hot weather.

Where uniforms must be worn, employers should look at whether adjustments can be made to make them more comfortable and cooler. For example, relaxing any rules around wearing hats or neckties.

Please note—regardless of the weather, ensure your workplace temperature regulations regarding uniforms or workwear aren’t favourable to one gender over the other. For example, if women don’t have to wear a tie, men shouldn’t either.

Professional Employee Conduct and Hot Tempers

When it’s hot outside, fuses can be shorter than usual, but this doesn’t mean the usual rules regarding professional conduct can be relaxed in hot weather.

Take the time to distribute your disciplinary rules and procedures and remind staff of the standards in behaviour required at work and any work-related social events.

If you need to take disciplinary action against a member of staff, please contact our experts who will guide you through the process step by step.

Treat high workplace temperatures as any other workplace hazard by planning for employee safety, conducting risk assessments, and mitigating identified risks promptly.

Remember: Employers must also include pregnant women, breastfeeding mothers, and employees with health conditions in their risk assessments related to extreme temperatures, providing suitable accommodations where necessary.

For health and safety advice, such as carrying out risk assessments, our dedicated team of Health & Safety experts are available. If you are interested in signing up for this part of our service, contact us today.

Don’t let heat-related concerns boil over this summer. Our team of Employment Law and Health & Safety advisors at Avensure are here to ensure your workplace temperatures don’t suffocate you and are compliant. Whether it’s managing leave requests, and absences, conducting risk assessments, or keeping your workforce healthy and productive.

For more information and to discuss your specific needs, simply click here: Avensure Contact!