The summer 2018 heatwave appears to have come to an end for now but with reports that this type of summer heat might become the norm for much of the UK, how prepared are businesses to cope with the change?
The hot weather and sunshine have been great for barbecues, beer gardens and the al fresco lifestyle, but spare a thought for the office worker. As we live in a country more accustomed to rain than sun, many offices and workspaces are not well equipped to deal with the heat. This has led some overheated employees to exaggerate claims of working conditions being like the ‘workhouse’ or a ‘sweatshop’. Even if your office is lucky enough to have air conditioning, a balance needs to be struck with the co-worker who is always cold…even in a heatwave!
All this has many employees wondering whether or not they can legally walk out of work if temperatures in the office reach a certain mercury level. Equally, responsible employers should consider what duties they owe their workforce during a heatwave. So the question is, can you up tools and go home once the temperature gets too hot?
The answer may surprise many and make some even more hot under the collar, however, as things stand there is no set maximum temperature at which it would be too hot to work. Although guidance exists suggesting a minimum of 16 degrees Celsius (13 degrees Celsius for physical work) there is no guidance for a maximum temperature limit.
In accordance with the Workplace (Health, Safety and Welfare) Regulations 1992, employers do have a duty to ensure that ‘during working hours, the temperature in all workplaces inside buildings shall be reasonable’. What is considered reasonable is of course subjective and differs between individuals and will depend on lots of factors including the type of work being carried out, the dress code and the place of work.
Then again, if an office or workplace gets too hot this can become a health and safety issue. The Advisory, Conciliation and Arbitration Service (ACAS) counsels that employers should carry out a risk assessment to ensure that the workplace is a safe environment in which to work. It is therefore recommendable if you are struggling in the heat to speak to your employer to make them aware of the situation.
Employers are reasonably expected to make efforts to keep the workplace as cool as possible and make small adjustments where they can, such as shading windows, moving workstations out of the sun and allowing more a relaxed dress code (unfortunately, providing ice creams to cool off is probably too much to ask).
If an employer does nothing after a workplace issue has been raised, then an individual may wish to consider whether or not to raise a formal grievance. However, if an employee did decide that they could no longer stand the heat and needed to get out of the ‘kitchen’ then this could potentially lead to disciplinary proceedings for unauthorised absence.
However, if ‘cool heads’ do not prevail and workplace matters reaches ‘boiling point’, or ‘fever pitch’ you can always come and discuss the problem with an employment solicitor such as myself.
So until the law changes (or the equivalent of ‘sun days’ [like ‘snow days’ but where it’s too hot to work] are a thing) we will have to stay in work… in the meantime I recommend drinking water, using a fan and you will be complaining about the cold weather before you know it!
Matthew Rowlinson, Employment Solicitor, Jacksons Law Firm
Email: mrowlinson@jacksons-law.com
T: 0191 232 2574
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