Blog by PCB Solicitors

When temperatures rise, employers often ask whether there is a legal maximum working temperature and what they are expected to do to keep staff safe and comfortable.

The simple answer is that there is no specific maximum temperature at which employees are automatically entitled to stop working. However, that does not mean employers can ignore hot working conditions.

Employers have a legal duty to provide a safe working environment and to manage risks to the health and safety of their employees. In hot weather, that may include assessing the temperature of the workplace, considering the type of work being carried out and taking reasonable steps to reduce the risk of heat-related illness or discomfort.

Is there a maximum workplace temperature?

There is currently no legal maximum workplace temperature in England and Wales.

The Workplace (Health, Safety and Welfare) Regulations 1992 require the temperature in indoor workplaces to be “reasonable”. What is reasonable will depend on the circumstances, including the type of workplace and the nature of the work being carried out. For example, what is reasonable in an office may be different from what is reasonable in a kitchen, factory, warehouse, glassworks or outdoor working environment.

The Health and Safety Executive guidance refers to minimum working temperatures of 16°C or 13°C where much of the work involves rigorous physical effort, but there is no equivalent upper temperature limit.

What should employers do during hot weather?

Employers should consider hot weather as part of their health and safety risk assessment. This does not always need to be complicated, but employers should be able to show that they have considered the risks and taken sensible steps where required.

Practical steps may include:

• providing access to drinking water;
• improving ventilation or air flow;
• using fans, blinds, cooling systems or temporary air conditioning where appropriate;
• moving workstations away from direct sunlight;
• relaxing dress codes where safe and appropriate;
• allowing additional rest breaks in cooler areas;
• adjusting working hours or duties, particularly for outdoor or physically demanding work;
• checking on staff who may be more vulnerable to heat, including pregnant employees, older workers, employees with health conditions or those taking medication affected by heat;
• consulting with employees about what would help them work safely and comfortably.

The HSE advises that employers should consult with workers or their representatives on sensible ways to cope with high temperatures.

Outdoor workers and hot weather

For employees working outside, the risk may be greater because of direct sunlight, physical activity and limited access to shade.

Employers should consider whether outdoor workers need:

• regular access to drinking water;
• shaded rest areas;
• sunscreen or protective clothing where appropriate;
• additional breaks;
• changes to working patterns to avoid the hottest part of the day;
• information about recognising signs of heat stress, dehydration or heat exhaustion.

Where work involves physical exertion, PPE, uniforms or direct sun exposure, employers should be particularly careful to assess and manage the risk.

Can employees refuse to work if it is too hot?

Employees should normally raise concerns with their employer first, so that the employer has the opportunity to assess the situation and take appropriate steps.

If working conditions create a serious risk to health and safety, employers should take concerns seriously and act promptly. In some circumstances, employees may have legal protection if they take reasonable steps in response to serious and imminent danger, but each case will depend on its facts.

The best approach is usually for employers and employees to communicate early, before conditions become unsafe or unmanageable.

Practical advice for employers

Ryan Bickham, Head of Employment Law at PCB Solicitors, says:

“Hot weather can create genuine health and safety issues, particularly where employees are working outside, carrying out physical work, wearing PPE, or working in poorly ventilated areas. The key point for employers is to assess the working environment, listen to staff concerns and take reasonable steps to manage the risk.

Simple measures such as providing water, improving ventilation, relaxing dress codes, allowing breaks, or adjusting work patterns can often make a significant difference.”

Need employment law advice?

If you are an employer and would like advice on workplace policies, health and safety responsibilities, sickness absence, flexible working or managing staff during extreme weather, our Employment Law team can help.

PCB Solicitors advises employers and employees across Shropshire, Telford, Mid Wales and the surrounding areas.

Please contact our Employment Law team for an initial discussion on 01743 598043 or you can contact us here.