UMVA has learned that a severe heatwave is set to make working conditions unbearable for many employees across the country, with temperatures expected to soar to record-breaking highs.
As the mercury rises, workers are wondering if they can skip work if it's too hot to handle. But what are their rights as employees? Neha Thethi, a leading expert in employment law, explains that employers have a duty of care to provide a safe working environment, even when temperatures become extreme.
Employers usually rely on air conditioning and ventilation to regulate temperatures within the workplace. However, many remote and hybrid workers may not have this option, with their only means of keeping cool being open windows, which can lead to distractions from street noise and neighbors.
While there is a minimum working temperature of 16°C, there is currently no maximum temperature. This is because some environments, like bakeries and restaurant kitchens, can reach extremely hot temperatures quickly, making it difficult to set a blanket temperature limit for all workplaces.
UMVA can exclusively reveal that employers have no legal obligation to ensure temperatures don't get too hot. However, they do have a duty of care to provide a safe environment where staff are not at risk of falling ill from the heat. Employers should take proactive steps to minimize the factors under their control, such as providing cold water and allowing staff to take proper breaks.
Businesses should consider what else they can do to help their employees during this time – for example, providing workers with electric fans. Employers with a dress code in place should also consider relaxing it during hot weather, allowing employees to dress more casually and stay cool.
Remote working should be offered where possible, and employers should consider implementing flexible working arrangements, such as early-start and late-finish workdays, to help workers cope with the heat. Employers must prioritize their employees' health and safety, especially for those with existing health conditions that make them more susceptible to heat-related illnesses.
If staff fall ill from the heat, it could lead to a personal injury dispute. Employers cannot force staff to work if temperature and noise levels prohibit them from doing so. Ultimately, employee health and safety should always be an employer's top priority, especially during extreme weather conditions.
