FEELING THE HEAT?
Extreme temperatures at work and what UK employers need to know
It’s hot out, isn’t it? The kind of hot where the office fan becomes the most popular member of the team and everyone suddenly has very strong views on iced coffee. With parts of the UK experiencing exceptionally high temperatures, reportedly reaching up to 40°C in some areas, employers and employees are understandably asking: when is it too hot to work? The short answer is that UK law does not set a fixed maximum workplace temperature. But that does not mean extreme heat can be waved away as just “summer weather”. In employment law and health and safety terms, heat is a workplace hazard which needs to be assessed and managed.
The starting point is the Health and Safety at Work etc. Act 1974, which requires employers to ensure, so far as reasonably practicable, the health, safety and welfare of their employees. The Workplace (Health, Safety and Welfare) Regulations 1992 also require indoor workplaces to be kept at a “reasonable” temperature. The Health and Safety Executive confirms that there is no legal upper limit, largely because workplaces differ so much: what feels unbearable in a glass-fronted office may be part and parcel of a bakery, foundry or commercial kitchen. So the legal question is not “has the thermometer hit a magic number?” but “has the employer properly assessed the risk and taken sensible steps to control it?”
That assessment should look beyond the headline temperature. Humidity, ventilation, radiant heat, work rate, access to drinking water, uniforms or PPE, and the physical demands of the job can all make a big difference. Outdoor workers, warehouse staff, delivery drivers, construction workers and employees in poorly ventilated premises may be feeling the heat more than most. Employers should also think carefully about those who may be more vulnerable, including pregnant workers, older workers, disabled employees and those with underlying health conditions. In some cases, that may bring reasonable adjustments under the Equality Act 2010 into play too.
The good news is that practical steps do not always need to be dramatic, expensive or involve installing an arctic tundra in reception. Employers can consider improving ventilation, using blinds or reflective film, moving workstations away from direct sunlight, providing shaded rest areas, making cool drinking water easy to access, allowing more frequent breaks, relaxing dress codes where safe to do so, and checking whether PPE remains suitable in hot conditions. Where possible, working patterns can also be adjusted so that the most strenuous tasks are carried out earlier or later in the day. For office-based roles, temporary home working or flexible start and finish times may be sensible options, particularly where commuting or the workplace itself presents an avoidable risk.
Communication matters as well. Employees should feel able to raise concerns without being dismissed as dramatic, and managers should know the signs of heat stress, including dizziness, headaches, muscle cramps, fatigue, nausea, confusion or fainting. A bit of common sense goes a long way: if someone looks unwell, “just power through” is unlikely to be the safest or most legally robust management strategy.
For employees, there is no automatic right to down tools simply because it is hot, however tempting that may feel when the keyboard is sticking to your hands. However, where there is a serious and imminent danger, employment protection may arise if an employee takes appropriate steps to protect themselves. Employers should therefore deal with heat concerns promptly and consistently, rather than waiting for a grievance, sickness absence or health and safety complaint to land.
The overall message is practical rather than prescriptive. There is no “40°C rule” and no single point at which every workplace must close. But as extreme weather becomes more common, employers should treat heat risk as part of ordinary health and safety planning, not an occasional inconvenience that can be solved with one tired desk fan and a box of ice lollies. A documented risk assessment, sensible temporary controls and open communication with staff will usually be the best protection for both employee wellbeing and legal compliance and, ideally, for preventing the office fan/ aircon panel from becoming the subject of a custody dispute.
