The TUC trade union has previously called for a change in the law to introduce a maximum working temperature, but unfortunately this has not yet happened. However, there are rules that can help you leave an office that is too hot
This week could bring the hottest temperatures of the year yet, but how sweltering does it have to be before work can be stopped?
The Met Office predicts temperatures could reach 31 degrees Celsius in some British regions, with several areas already classified as heatwave areas. Workers’ union TUC has traditionally encouraged bosses to introduce flexible working hours and lax dress codes during periods of intense heat to ensure staff comfort and safety.
The union also advised workers to take regular breaks to cool down. Although a minimum workplace temperature of -16oC or 13oC is recommended for those involved in physical labor, the maximum temperature is less simple and not legally defined.
There is also no legislation regarding extreme maximum temperatures at work. Nevertheless, the law stipulates that all indoor workplaces must maintain a “reasonable” temperature during working hours.
The TUC is seeking to ban typical ‘oven-like’ indoor working environments when the thermometer reads above 30 degrees Celsius, and is also calling for protections for those who work outdoors or drive for work, the Mirror reports.
Unfortunately, these changes in the law have yet to materialize, although there are guidelines in place that will allow you to leave an overheated office. However, there is no specific maximum temperature, which causes the water to become somewhat cloudy.
According to the TUC: “An employer must provide a working environment that is, so far as reasonably practicable, safe and free from risks to health. In addition, employers must assess the risks and take appropriate preventive or control measures.”
The Health and Safety Executive, the UK’s regulatory body for workplace health and safety, has clarified that setting a maximum working temperature is impractical due to extreme conditions in certain industries, such as glass factories or foundries.
Their guidance states: “The Workplace (Health, Safety and Welfare) Regulations 1992 establish particular requirements for most aspects of the working environment. Regulation 7 specifically addresses the temperature of indoor work places and states that: During working hours the temperature in all work places Workplaces in buildings must be reasonable. However, the application of the scheme depends on the nature of the workplace, such as a bakery, a cold store, an office, a warehouse.”
In addition, employers are required to provide ‘clean, fresh air’ and maintain a comfortable temperature. Importantly, without a definitive temperature limit, action can still be required if staff find the temperature uncomfortable.
The HSE advises: “If a significant number of employees complain of thermal discomfort, your employer should carry out a risk assessment and take action based on the results of that assessment.”
If you are a more vulnerable worker, for example if you suffer from thyroid dysfunction, if you are going through menopause or if you need to wear protective clothing at work that prevents you from shedding layers, these factors should also be taken into consideration. If your workplace becomes extremely hot, putting you or your colleagues at risk, there is another law that can provide protection: section 44 of the Employment Act 1996.
Essentially, this law states that you cannot be penalized by your employer if you take action in the workplace to avoid danger or potential risks. The legislation provides that “an employee has the right in certain circumstances not to be subjected to any detriment by any act, or by deliberate omission to act, by his or her employer”.
These specific situations include “circumstances of danger which the employee reasonably believed were serious and imminent and which he or she could not reasonably be expected to avert”. This may also include refusing to return to your workplace if you think it is too dangerous due to heat or other hazards.
So the solution is simple: if you feel uncomfortable, inform your boss. If enough people do the same, they are obliged to take action.