In this article, we take a look at employees’ rights during periods of hot weather, and what employers can do to help create a comfortable working environment.
The answer is that in relation to temperature there’s no legal maximum working temperature, so an employee has no statutory right to down tools when the thermometer reaches a certain level.
There is, however, a health and safety requirement that the temperature in workplaces must be reasonable. The Health and Safety Executive Guidance is aimed at ensuring that the workplace is not too cold and suggests that ‘reasonable’ means temperatures should be ‘at least’ 16°C or 13°C if much of the work involves rigorous physical effort.
Taking steps to make sure temperature is ‘reasonable’ in hot weather might just mean making sure that the air conditioning is in working order.
However, for those that do not work in an air-conditioned working environment the list of potential measures to ensure that reasonable temperature is maintained include:
- Providing clean and fresh air – as ventilation is also recommended to reduce the risk of transmission of respiratory ailments this should already be in place.
- Providing fans – particularly for those with workstations away from windows.
- Allowing flexibility in start and finish times – may avoid travelling at the busiest times when space on public transport will be limited and car journeys are likely to take longer.
- Relaxing any formal dress codes – wearing formal clothing such as a suit in hot weather can be very uncomfortable, so allowing employees to wear more casual clothing will help them maintain a comfortable body temperature.
- Checking any hot spots in the workplace – if someone is sitting in direct sunlight for instance, try and move them into a shaded area.
It’s also sensible to consider if there are any employees who may be particularly susceptible to high temperatures due to a health condition.
In circumstances where an employee does down tools because they believe it is too hot to work, dismissal or disciplinary action will not always be appropriate.
It may be that they could not work due to a health condition and taking action against them may give grounds for a claim of disability discrimination. Similarly, if a pregnant employee cannot work in the soaring temperatures, it might be discrimination to take action against them.
In an extreme situation the Employment Rights Act 1996 also provides that it will be unlawful to subject an employee or worker to a detriment, or to dismiss them, for refusing to work in circumstances where they reasonably believe they are facing a serious and imminent danger or where they take appropriate steps to protect themselves or others.
Whether the steps they take are appropriate will depend on all the circumstances including: whether the worker’s belief was reasonable; the extent of the danger; whether it could be avoided; and the extent to which the employer was following official guidance – suggesting that it will only be in the most extreme situations that an employee will be able to rely on this in a heatwave situation.