The UK is experiencing an intense heatwave, with temperatures expected to surge to nearly 40°C. The Met Office has issued a very rare red warning for extreme heat, and schools in parts of England are closing early. In Wales, schools have been given the choice whether to close. But no matter how hot it gets, many men will not swap trousers for shorts in the workplace — is this because their employer has told them not to, or for fear of standing out, appearing unprofessional, or believing that it would be frowned upon?
Legal Maximum Temperature for Work: What the Law Says
The Unison and TUC unions want a specific legal maximum temperature for indoor work of 30°C, or 27°C for strenuous work. However, the UK's Health and Safety Executive (HSE) states: "There's no law for maximum working temperature, or when it's too hot to work, because every workplace is different. No meaningful upper limit can be imposed because in many indoor workplaces high temperatures are not seasonal but created by work activity, for example in bakeries or foundries."
Nevertheless, employers must adhere to health and safety at work law, including "keeping the temperature at a comfortable level" and "providing clean and fresh air." The Workplace (Health, Safety and Welfare) Regulations require employers to provide a reasonable indoor temperature in the workplace. Under the Management of Health and Safety at Work Regulations, employers must assess the risks to workers and put controls in place to protect them.
Can I Refuse to Work If It's Too Hot?
You can refuse, but you would probably not be protected in law. Allan McDougall Solicitors state that although the Employment Rights Act 1996 says a worker who reasonably believes they are in serious and imminent danger and cannot reasonably avert that danger has the right not to be dismissed or suffer detriment if they leave or refuse to attend work, "the wording of these statutes does not give an absolute right to withdraw your labour if you consider the workplace is too hot." They add that "there is no guarantee that should you leave site or refuse to attend work and then be dismissed or subject to detriment, that you would have a legal remedy, or be successful at tribunal."
Can I Wear Shorts to Work?
The Workplace (Health, Safety and Welfare) Regulations require employers to provide a reasonable indoor temperature. An employer should assess risks and put controls in place, and temperature counts as a risk. While there is no legal maximum temperature, the HSE says employers should provide "a reasonable working temperature in workrooms" and can consider relaxing formal dress codes. Allan McDougall Solicitors note that "although an employee can compel you to wear a certain uniform or abide by a dress code, depending on the circumstances of your workplace it may be reasonable for an employer to relax formal dress code policies to reduce the risk of excessive heat."
For many, the question is less legal than fashion-related. Sophie Jordan, menswear buying director at Mytheresa, told Esquire: "It ultimately depends on the culture of the workplace, but shorts can feel entirely appropriate when approached with a more refined sensibility." Kit Swann, fashion editor at Mr Porter, added: "For me, it depends on the shorts and where you work, but largely I don’t see a reason why you couldn’t wear shorts to the office."
