Employment lawyers explain rules on maximum temperature for workplaces

The Sun

3 days ago

WORKING during a heatwave can be uncomfortable and even dangerous at times.
Brits are set to see even more scorching weather this weekend and heading into next week, with highs of 28C today.
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By Monday, temperatures could even soar to a balmy 34C.
It might leave you wondering what your employer should be doing to make working through the heat more bearable - and whether you should be sent home.
The Sun has spoken to employment lawyers to find out what your rights are...
Should I be sent home if it gets too hot?
You might be surprised to know there isn't a maximum temperature limit for workplaces.
There is no law for either minimum or maximum working temperatures, meaning your employer doesn't necessarily have to send you home if it reaches a certain heat.
Samantha Dickinson, partner at Sussex law firm Mayo Wynne Baxter, says: "That's largely because what's considered 'too hot' can vary greatly depending on the work environment.
"A kitchen or bakery will be hotter than an office, for example."
Government guidance does suggest workplaces should be a minimum of 16C or 13C if employees are doing physical work.
What about people who are more vulnerable to heat?
Companies are expected to take more care with employees who are potentially more vulnerable to the heat.
This includes pregnant women or employees with long-term medical conditions.
Experts warn of 6 HUGE mistakes to avoid when using a fan
For example, conditions like arthritis or COPD can make high temperatures difficult to cope with.
Their rights are protected under the Equality Act 2010, which says company rules shouldn't disadvantage particular employees.
Nicola Welchman, a partner at Bloomsbury Square Employment Law, says: "For example, allowing a team member to work from home if they have disability that may be aggravated by hot conditions would be a reasonable adjustment."
Should my employer be doing anything else?
Employers do have a duty in both common and statutory law to take "reasonable" care for the health and safety of employees.
Alex Elliott, a solicitor in the employment team at Birketts LLP, said employers should be carrying out regular workplace risk assessments.
This includes considering how employees could be affected by a heatwave.
"For example, employers may choose to relax dress codes where appropriate, in addition to providing adequate air conditioning and access to water," he said.
Employers could also take steps like buying cool drinks and ice creams for staff.
They might also want to offer flexible working hours, such as earlier start and finish times, so employees can avoid working during the hottest parts of the day.
Can you make a claim against your employer if it's too hot?
As we mentioned, employers aren't legally required to keep your workplace below a certain temperature.
But you might have grounds for a claim if you fall ill due to the heat.
Samantha said: "Beyond the health implications, productivity can also suffer when employees are too hot to concentrate.
"If someone becomes ill due to excessive heat, especially if they have a pre-existing condition, employers could face legal consequences, including personal injury claims."
To make a claim you would need to go to a personal injury solicitor, who can send a "letter of claim" to your employer.
You will need to be able to prove your employer failed to take adequate health and safety measures.
The employer will then have to investigate your claim and respond.
You should research any personal injury solicitor before using them and check the Association of Personal Injury Lawyers to see if they are properly accredited.
Be aware that legal action can be expensive so think carefully before making a claim.
What if you have to take public transport?
Again, there are no laws about temperatures on public transport.
Each transport company can set its own policies around heatwaves and temperature conditions.
Transport for London has said all Tubes will be air-conditioned by 2030, but until then passengers could be facing sweltering journeys.
It's recommended that if you're travelling you should take a water bottle and wear light, loose-fitting clothing if possible.
You might want to consider electrolyte drinks like sports drinks or coconut water on longer journeys.
If you're driving to work, these are some tips from the AA on how to keep your car cool:
Use steering wheel and seat covers
Cover your dashboard to keep the surface cool and avoid premature cracking or fading
Park your vehicle in the shade
Leave windows slightly cracked to allow hot air to escape
Most battery electric vehicles have an app which allows cabin temperature control remotely, so you can cool down your vehicle's interior before you start your journey.
How to keep cool in a heatwave
Most of us welcome hot weather, but when it's too hot, there are health risks. Here are three ways to keep cool according to the NHS...
Keep out of the heat if you can.
If you have to go outside, stay in the shade especially between 11am and 3pm, wear sunscreen, a hat and light clothes, and avoid exercise or activity that makes you hotter.
Cool yourself down.
Have cold food and drinks, avoid alcohol, caffeine and hot drinks, and have a cool shower or put cool water on your skin or clothes.
Keep your living space cool.
Close windows during the day and open them at night when the temperature outside has gone down. Electric fans can help if the temperature is below 35 degrees. Check the temperature of rooms, especially where people at higher risk live and sleep.