What are your working rights during a heatwave?

With temperatures set to soar into the high 30s this week, you’re likely to have questions about what this means for your workdays.

The Met Office has warned parts of southern England and southeast Wales could hit 37°C tomorrow.

From the middle of the week, temperatures could potentially exceed 38°C, triggering a rare red weather warning before Friday ushers in a comparatively cool 33°C.

Basically, it’s going to be a sweaty one – and lots of us may be concerned about how the heatwave will affect our working conditions.

As explained by Lime Solicitors, these include employers ensuring staff can keep cool and accommodating work-from-home requests when possible.

Do I have to work if it’s too hot?

Neha Thethi, Head of Employment at Lime Solicitors, explains employers must not neglect their health and safety responsibilities as temperatures soar, even though remote and hybrid working is more common now.

Thethi argues that, if people are uncomfortable, it’s difficult to maintain a productive workplace.

Safe working temperatures

‘Employers usually rely on air conditioning and ventilation to regulate temperatures within the workplace,’ explains Thethi.

‘However, many remote and hybrid workers may not have this option, with their only means of keeping cool being open windows.

‘This could lead to the potential disturbance from street noise and neighbours when trying to make telephone or video calls, and therefore can make this option impractical.’

Businesses should consider what else they can do to help their employees during this time – for example, providing workers with electric fans.

While there is a minimum working temperature of 16°C, there is currently no maximum temperature.

The reason for this is that some environments, like bakeries and restaurant kitchens, can reach extremely hot temperatures at a faster rate than somewhere like an office, making it difficult to set a blanket temperature limit appropriate to all workplaces.

Legal obligations

It may not be welcome news to hear, but employers have no legal obligation to ensure temperatures don’t get too hot.

However, Thethi assures that they do have a ‘duty of care’, meaning they must provide a safe environment where staff are ‘not at risk of falling ill from the heat’.

At times of such extreme temperatures, it is paramount that employers be proactive in taking steps to minimise the factors under their control.

‘With regards to the usual workplace, installing air conditioning or making sure there is always access to cold water could form part of this,’ Thethi says.

‘To protect workforce well-being during periods of extreme heat, employers should follow a sensible plan; this should involve line managers checking in with staff at least once a day and reminding employees to stay hydrated and take proper breaks.’

Dress code

For businesses with a dress code, during hot weather, rules around restrictive clothing (like ties, jackets, and waistcoats, for example) should ideally be relaxed.

‘Employees are unlikely to produce their best work when all they can think about is how warm they are,’ argues Thethi, adding that there may be the option of introducing a dress-down policy for the impacted days when temperatures are considerably higher than average.

Employers with a dress code in place for video calls when working remotely should also consider relaxing it.

Flexible working

‘On days of extreme temperatures, implementing an early-start and late-finish workday, like those common in hot countries, would allow workers to rest during the worst of the heat and work when it is cooler,’ Thethi suggests.

She informs employers that ‘your employees’ health and safety should always be a priority’ and ‘failing to consider what adjustments could be made to support them when the temperature rises is not advisable’.

Should staff fall ill from the heat (especially in cases where workers have existing health conditions that make them more susceptible), it could lead to a personal injury dispute.

‘Certain disabilities, such as chronic obstructive pulmonary disease (COPD) and arthritis, also make working in high temperatures particularly difficult, so employers need to consider reasonable adjustments that may need to be made to help them do their jobs safely.’

Ultimately, employee health and safety should always be an employer’s top priority. Extra caution ought to be taken when additional challenges are presented, such as having to work outdoors.

‘Employers cannot force staff to work if temperature and noise levels prohibit them from doing so.’