The North East has been enjoying a nice spell of sunshine over the past few days, with temperatures reaching 28C on Monday.
Because of the heat some people may feel uncomfortable in their work environment and may wonder what the law is when it’s just too hot to work. What are your rights and what should your employer do?
An employment expert has now shared some advice for working in warm weather. Hannah Dowd, employment law solicitor at Jackson Lees, has explained what your boss can do to make your environment more comfortable.
Read More: Sleep expert shares common mistake that may be why you're too hot during the night
She said: "Although there's no legal maximum or minimum working temperature, health and safety guidance is that the temperature should be reasonable. The Approved Code of Practice on the Workplace (Health, Safety and Welfare) Regulations suggests the minimum temperature for working indoors should normally be at least 16°C or 13°C if much of the work involves rigorous physical effort.
"What is reasonable also depends on the working environment and type of work. For example, a bakery, office, warehouse or cold storage could all reasonably be expected to have varying temperatures.
"But by law, every employer has a responsibility to maintain a safe working environment and must protect the wellbeing of their employees under UK employment law, this is known as a 'duty of care'. The duty of the employer is to make sure working temperatures are reasonable for their staff. This includes at the workplace and working from home."
What employers should do if it is too hot to work
Hannah said there are certain steps employers can take to help their employees feel more comfortable at work in extreme temperatures, reports the Liverpool Echo. She said employers should make plans for keeping staff comfortable and safe, carry out health and safety risk assessments and remove or reduce any risks found.
For example, depending on if it's hot or cold, employers could:
- Relax any dress code so staff can wear more suitable clothing, while still following rules on personal protective equipment (PPE)
- Allow extra breaks for staff to get hot or cold drinks
- Provide extra heating or cooling equipment, such as portable heaters, fans or air conditioning units
By law, employers must carry out health and safety risk assessments for all women of child-bearing age, including anyone who's pregnant, breastfeeding or just had a baby. If a risk cannot be avoided or removed, the employer has the option to suspend the person on full pay until the risk has ended or been removed.
When doing risk assessments, employers must include those with health conditions or disabilities which may be covered by the Equality Act 2010. Employers must be cautious as to the affects and potential exacerbation of any health condition and/or disability caused by extreme temperatures.
Employers should also talk with the employee and agree on a suitable solution. For example, adjusting their working hours or having an air-conditioning unit by their desk.
How employers should plan for disruption
If extreme weather can disrupt work, employers should have a policy for what they and their staff should do in these circumstances. Employers have a duty of care for the health and safety of all staff, this means they should not encourage staff to travel when it’s not safe.
If the situation could affect someone’s pay, this must be made clear by the employer and put in writing. This provides clarity and can help keep things clear and avoid disagreements.
An employer’s policy for when extreme weather or transport problems disrupt work should include:
- How the employer will contact staff
- Who staff should contact, for example a line manager or nominated person
- How staff should stay in contact with work
- Arrangements for other places or ways staff can work, for example at another workplace, doing different duties, or hybrid working
- What happens if the employer has to close the workplace or cancel transport
- How and when an employer will do a risk assessment
Read Next:
