The UK is bracing for a heatwave with temperatures expected to reach 39°C in several areas, according to the Met Office. The peak is forecast for Wednesday and Thursday, potentially breaking the record for the highest June temperature ever recorded in the UK. As the mercury rises, many workers are asking: how hot is too hot to work? An employment lawyer has clarified the legal position.
No legal maximum working temperature in the UK
According to the UK government, there is no law setting a minimum or maximum working temperature. However, guidance states that during working hours, the temperature in all indoor workplaces must be reasonable. The Approved Code of Practice suggests a minimum of 16°C for indoor work, or 13°C for physically demanding jobs, but no maximum is specified.
Despite the absence of a legal cap, employers must comply with health and safety laws. The government requires employers to keep the temperature at a comfortable level, provide clean and fresh air, and ensure employees can discuss discomfort. If the workplace temperature is not comfortable, workers should raise the issue with their employer.
Employment lawyer explains employer duties
Natalie Peacock, an employment lawyer at Rogers and Norton, says extreme heat is becoming a serious workplace issue. “As heatwaves become more frequent in the UK, workplaces which are not equipped to deal with extreme heat can result in a number of issues which employers must address. Heatwaves don't just affect the workforce's comfort. If staff are overheating, performance and attendance can decline,” she explains.
Peacock warns that while many workers mistakenly believe there is a legal maximum temperature, employers still owe a duty of care. “Although employers are not obliged to install air conditioning, the law requires employers to take reasonable steps to ensure the workplace is safe,” she says. Failure to manage heat risks can breach the Health and Safety at Work Act.
Practical measures employers should take
Employers should conduct risk assessments for hot weather and consider measures such as allowing additional breaks, ensuring hydration, improving ventilation, and providing shade for outdoor workers. Peacock notes some employers also offer free sunscreen and fans. “Employers must consider carrying out risk assessments regarding hot weather and its impact on their workforce. They should consider ensuring breaks are taken and providing facilities for their workforce to stay hydrated,” she adds.
Can you go home if it's too hot?
According to the Health and Safety Executive, heat is classed as a hazard with legal obligations. Peacock explains that employees struggling with heat may request flexible hours or work from home during the hottest parts of the day. “To reduce the impact of extreme heat on their workforce, employers may consider making simple, temporary adjustments, such as flexible hours for working during cooler parts of the day or agreeing to requests for working from home,” she says.
Duties to protect employees continue when working from home, including risk assessments and potentially providing fans. Workers with health conditions aggravated by heat may be entitled to reasonable adjustments under disability discrimination laws. Peacock concludes: “Ultimately, while employers cannot control the weather, there are steps they can take to protect their workforce which not only improves comfort but helps sustain performance during a heatwave.”
