With torrential downpours, snow and ice and severe flooding causing both the Met Office and the Environment Agency to issue multiple weather warnings across the UK, Tony Fitzpatrick and Linzi Houghton from Fletcher’s Group have released comments explaining what legal rights Brits have when working under extreme weather conditions in the winter.
In cold weather, do employers have to make sure that their workers are warm enough in the office?
Explaining that there is no legal requirement around office temperature, Tony said: “In this country, there is no legal minimum or maximum temperature for office-based staff, but Health and Safety guidance suggests that the temperature should be set at a ‘comfortable’ level. This would be considered a duty of care rather than a legal requirement, but we always ensure the office temperature is at a ‘comfortable’ level for our staff.”
Linzi Houghton said “Firms who have a split of office-based and remote/hybrid workers shouldn’t forget they have a responsibility to all employees. According to Workplace (Health, Safety and Welfare) Regulations 1992, the recommended minimum temperature in a workplace should be at least 16°C, or if the work involves rigorous physical exertion, it can be 13°C.”
If I’m working from home, is it the responsibility of my employer to ensure I’m working at a suitably warm temperature?
Tony said: “There are no legal rules but in my opinion, it is not the employer’s responsibility to heat team members' homes. Working from home is an option, but if they wish, team members can (and do) work from the office during colder weather conditions, which will be a heated environment.”
Linzi said: “For remote working, advice can and should be given around proper heating, hot drinks and suitable clothing but again the employer cannot ensure that it is followed by an employee within their own home.”
Can I refuse to enter the workplace if the commute is too dangerous, either due to low temperatures, icy/snowy conditions, or windy/stormy weather?
Tony said:
“If an employee feels their commute is too dangerous due to extreme weather conditions, the individual situation would have to be assessed to determine whether their request will be granted.
“If the team member can work from home and there are challenging weather conditions then, of course, they can be allowed to work from home, but whether they come into the office or not should be a discussion with their line manager and not down to the individual to decide in isolation. If the worker was uncomfortable in travelling to work, holidays, unpaid emergency leave could also be discussed.”
Linzi said: “Where possible, employers should be flexible with working arrangements and allow people to work from home in very cold weather if they will be more comfortable and productive at home. Allowing people to stagger their start and finish times to avoid travelling at peak rush hour could help.”
If I am unable to work because of extreme weather conditions, will I still get paid?
Tony said: “There is no legal obligation to pay the worker if they are unable to get to work due to extreme weather conditions. At Fletcher’s Group, we have the option for most team members to work from home, so that would be the preferred option in this instance.”
If schools are shut due to snow, are parents legally obligated to paid leave in order to take care of their children?
Tony said: “Parents have no legal right to be paid if they need to be at home to look after their children if schools are shut due to snow. Emergency or dependency leave may be granted but this is usually unpaid. We would probably see what options there are for doing some home working.”
