When is it too hot to work? Your legal working rights during a heatwave, explained

If you’re sweating at your desk right now, read this.

Credit: Getty

Life


When is it too hot to work? Your legal working rights during a heatwave, explained

By Amy Beecham

11 months ago

3 min read

If you’re working in the office during a heatwave, it’s important to know your legal rights and what steps your employer has to take to keep you safe.


You know it, we know it: summer in the UK means days when it’s bloody hot. And while offices can be a haven of air-con, they can also be sweltering sweat boxes that make working through the soaring temperatures not just uncomfortable, but dangerous. But what is the legal working temperature in the UK?

As we take measures to keep ourselves safe and cool, it’s important to know our legal rights around working during a heatwave.

“Temperatures in the workplace are covered by the Workplace (Health, Safety and Welfare) Regulations 1992, which place a legal obligation on employers to provide a ‘reasonable’ temperature in the workplace,” Jonathan White, legal and compliance director at National Accident Helpline, tells Stylist.

“[The regulations] suggest that the minimum temperature in a workplace should be at least 16ºC, but if the work involves rigorous physical exertion, it can be 13ºC.”

When is it too hot to work?

Unfortunately, there are no laws that specify that workers can stop working if the temperature gets too hot.

However, White stresses that every employer has a responsibility to maintain a safe working environment and must protect the wellbeing of their employees under UK employment law. This legal obligation is otherwise known as a ‘duty of care’.

“If an employer neglects their responsibility, and this results in someone falling unwell or being injured, that person may be able to claim compensation,” he says.

What does your employer have to do in a heatwave?

White explains that employers are expected to do whatever is ‘reasonably practicable’ to safeguard their workers’ wellbeing. Put simply, they must provide a safe environment where staff are not at risk of falling ill from the heat.

“Employers must also take into consideration those with existing health conditions that could be affected to a greater extent by the high temperatures, such as those who are medically vulnerable or pregnant,” he continues.

So can you get sent home from work if it’s too hot?

“It is ultimately up to the employer to decide if it is too hot to work, but if you are uncomfortable, then you should speak to your employer as they are obliged to act reasonably and provide a safe working environment,” White adds.

What are the risks of working in hot temperatures?

According to White, working in hot temperatures can lead to heat stress, which can be made evident through several different symptoms. “It can affect individuals in different ways and, of course, some people are more susceptible to it than others,” he says.

“Some of the symptoms of heat stress are a lack of concentration, muscle cramps, heat rash, severe, thirst/dehydration, fainting, heat exhaustion and heat stroke.”

how to work during a heatwave

Credit: getty

How can you reduce the risk of heat stress?

White emphasises the importance of employers being aware of the actions which can be taken to limit the risk of heat stress. The Health and Safety Executive offers a thorough list of steps that can be taken.

Some of the key pointers are:

  • Remove or reduce the sources of heat where possible (consider fans, air conditioning and physical barriers that reduce exposure to heat)
  • Provide aids where possible to reduce the work rate
  • Regulate the length of exposure to hot environments, eg allowing staff to work at cooler times of the day or providing rest breaks and rest facilities in cooler conditions
  • Prevent dehydration: provide cool water in the workplace and encourage workers to drink frequently in small amounts before, during (where possible) and after work
  • Identify employees who are more susceptible to heat stress because of an illness, condition or medication that may contribute to the early onset of heat stress, eg pregnant women or those with heart conditions

“It should be remembered, that if staff become ill from the heat, especially those who are vulnerable or with underlying health conditions, employers could find themselves involved in a personal injury dispute,” White adds.

“It is, therefore, crucial that employers follow their duty of care to all staff, carry out risk assessments when necessary, and act accordingly to prevent staff from falling unwell or being injured.”

Images: Getty

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