As the UK continues to experience increasingly frequent heatwaves, with temperatures expected to soar and some areas reaching heatwave criteria with temperatures in the low 30s, understanding your employment rights during extreme heat becomes crucial. The UK Health Security Agency (UKHSA) and Met Office regularly issue heat health alerts, with recent warnings highlighting the ongoing challenges hot weather poses to workplace safety and employee wellbeing.
With climate change making extreme weather events more common, employers and employees alike need to understand their rights and responsibilities when temperatures rise. This comprehensive guide outlines everything you need to know about workers’ rights during hot weather.
Key workers’ rights during hot weather
Can I leave my workplace if it becomes too hot?
The short answer: Not unless you feel unwell and need to take sick leave.
The Workplace (Health, Safety and Welfare) Regulations 1992 place a legal obligation on employers to provide a “reasonable” working temperature in the workplace. However, the law doesn’t specify an exact maximum temperature, leaving employers to determine what constitutes reasonable comfort in particular circumstances.
What this means for you:
- You cannot simply leave work because it’s hot
- Your employer has a duty to assess and maintain reasonable working conditions
- If heat affects your health, you may need to take sick leave
Legal protections for workers in hot weather
Beyond temperature regulations, several other laws protect workers during extreme heat:
Management of Health and Safety at Work Regulations 1999 require employers to conduct suitable risk assessments covering workplace temperature as a potential hazard. This means your employer must:
- Assess heat-related risks to employee health and safety
- Take appropriate action to mitigate these risks
- Regularly review and update their risk assessments
Employment law obligations include the general duty for employers to treat employees with trust and confidence, which extends to providing considerate working conditions during uncomfortable weather.
Employer obligations: what your boss must do
Air conditioning requirements
Does my employer have to provide air conditioning? No, there’s no legal requirement for employers to install air conditioning systems.
However, responsible employers should consider implementing heat management strategies:
- Cooling solutions: Mobile air conditioning units, fans, or improved ventilation
- Hydration support: Providing free cool water and encouraging regular drinking
- Flexible dress codes: Relaxing formal wear requirements where appropriate
- Work schedule adjustments: Considering flexible hours during peak heat periods
Risk assessment and workplace adaptations
Employers must take a proactive approach to heat management:
Environmental modifications:
- Improving ventilation systems
- Providing shaded areas for outdoor workers
- Installing window coverings to reduce solar heat gain
- Creating cool rest areas for breaks
Policy adjustments:
- Implementing heat stress procedures
- Training supervisors to recognise heat-related health issues
- Establishing emergency protocols for extreme temperatures
Dress code considerations during hot weather
What can I wear in hot weather?
The balance between staying cool and maintaining professional standards requires careful consideration:
Acceptable modifications may include:
- Relaxed formal wear requirements
- Permission to remove jackets or ties
- Lighter-colored clothing options
- Breathable fabric choices
Health and safety restrictions still apply:
- Appropriate footwear for safety reasons
- Professional standards for customer-facing roles
- Protective equipment requirements for hazardous work
Consequences of Dress Code Violations
If you defy your employer’s dress code, even during hot weather:
- Disciplinary action may follow established procedures
- Employers retain the right to maintain appearance standards
- Health and safety requirements cannot be compromised
Practical heat management strategies
For employees:
- Stay hydrated: Drink water regularly throughout the day, even if you don’t feel thirsty.
- Recognise heat stress symptoms: Watch for dizziness, nausea, excessive sweating, or confusion.
- Communicate with management: Report uncomfortable conditions and suggest practical solutions.
- Take breaks: Use rest periods to cool down in air-conditioned areas when possible.
For employers:
- Implement heat policies: Develop clear procedures for managing hot weather conditions.
- Monitor workplace temperatures: Regular checks help identify problem areas.
- Provide training: Ensure managers can recognise and respond to heat-related health issues.
- Consider flexible arrangements: Remote work or adjusted hours during extreme heat periods.
When to Seek Help
Health Concerns
If you experience heat-related health issues at work:
- Seek immediate medical attention for severe symptoms
- Report the incident to your employer
- Document the circumstances for potential health and safety claims
Employment rights issues
If your employer fails to provide reasonable working conditions:
- Raise concerns through internal procedures first
- Contact ACAS for free employment advice
- Consider formal grievance procedures if necessary
Future considerations
With heatwaves becoming more common due to climate change, and temperatures having hit 40 degrees for the first time in the UK in 2022, both employers and employees need to adapt to increasingly challenging conditions. Forward-thinking employers are already developing comprehensive heat management strategies to protect their workforce and maintain productivity.
How Nelsons Can Help
At Nelsons Solicitors, our expert Employment Law team understands the complex balance between employee rights and employer obligations during extreme weather conditions.
Laura Kearsley is a Partner in our expert Employment Law team and can provide specialist advice on all aspects of employment law, including workplace health and safety obligations.
For advice on workers’ rights during hot weather, or any employment law matter, contact our team on 0800 024 1976 or complete our online enquiry form for a prompt.
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