A Manager’s Guide to Heatwave Working FAQs

People, of course, want to know how this heat will affect their daily lives, particularly when it comes to working. For example, is there a legal limit to how hot it can get before people refuse to work?

That’s why we’ve put together this guide for managers and business owners to refer back to for this heatwave and any that might occur in the future, answering the most relevant questions that employees might be asking.

Is there such a thing as ‘too hot to work’?

No, not in the UK. Although there are specific lower temperature limit guidelines for how cold an office can get before work should stop (16°c or 13°c when doing manual labour), there is no upper limit.

Nevertheless, this does not mean employers can expect employees to continue working however hot it gets. Health and safety guidelines require employers to keep the temperature at a ‘reasonable’ level, and employees can raise concerns with their employers if they feel it is too hot to work.

Employers are expected to protect the health and wellbeing of employees whilst on site, and employees are within their rights to request that adjustments be made if the temperature becomes unsafe.

If employers fail to make these adjustments, employees could potentially stop working and argue that the employer is putting their health at risk.

Can it be too hot to work outside?

Again, there are no legal limits to working temperature, whether work takes place indoors or outdoors. However, heat is a risk, and employers are legally bound to carry out risk assessments to protect employees’ health.

If the risk assessment identifies heat as a risk, then controls should be put in place – this can include stopping work if there’s no safe way to perform it.

Can workers with disabilities be excused in a heatwave?

Although there are no legal guidelines for what can be considered ‘too hot to work, employers are still bound by other legislation to protect workers, whether it is health and safety legislation or other guidance.

For example, the Equality Act states that employers have a duty to make reasonable adjustments if an employee is placed at a substantial disadvantage because of a disability. Some employers might consider ‘reasonable adjustments to allow disabled employees – who might be more affected by the heat – to work from home.

Once again, this is not a legal requirement, but employees should be encouraged to raise any concerns with their managers, and managers are required to take reasonable action when they do so.

Can you work from home if it’s too hot?

This question might be less common than you’d imagine. Despite a shift towards remote working during the pandemic, some employees might wish to come into the office to take advantage of air conditioning or to get away from British houses, which – in many cases – are built to trap heat rather than dissipate it.

Although you’re under no legal obligation to allow employees to work from home, it may be worth considering. Commuting to work in hot weather can be tiring, and employees might be exhausted before they make it to the office.

The Government has also said employers should consider temporary working from home arrangements to reduce strain on our overheated transport network.

Do we have to wear our uniform during a heatwave?

This is entirely up to management, but once again, any decision you or your company’s leadership makes regarding working adjustments (or the lack of them) must take into account your responsibility for worker wellbeing. For example, if your dress code is very strict and requires heavy clothing, consider relaxing these requirements.

Conversely, outside workers should be encouraged to keep their tops (despite bare chests being a tradition on building sites during the summer) and instead wear loose, lightweight clothes and hats to keep the sun off their faces.

Can we have extra breaks during a heatwave?

Nothing in the law says employers are required to grant employees extra breaks during a heatwave, outside of those agreed in employment contracts, but it is worth thinking about. Working in the heat is exhausting, and regular breaks will give employees time to cool down, keeping productivity levels up.

Flexibility v Legislation

The UK has very few laws for working in the heat because 40°c summer heatwaves have never really been a problem before.

Instead, employers should consider their responsibility for workers’ health and wellbeing under health and safety legislation. For as long as they are at work, employers are legally required to keep employees safe and healthy as far as is practical, whether protecting against falls from heights or unprecedented heatwaves.

Leniency in enforcing dress codes, breaking limits, and homeworking could go a long way to ensuring not just the well-being of your employees but their confidence in your dedication to their health.