Calls for a maximum workplace temperature to be legislated have surfaced as the UK experienced the highest temperatures ever recorded this week. A legal maximum working temperature does not currently exist, but experts have explained this is ‘unrealistic’. In this case, what are the rights of employees working in the heat?

The UK Met Office issued its first ever red warning this week as temperatures exceeded 40 degrees celsius, with many people experiencing the effects of the heatwave in their workplaces and schools.

Temperature is an emotive subject – everyone is affected by it in different ways. As well as the actual temperature, what seems reasonable can also be affected by air flow from air conditioning and fans. If different people prefer different amounts of air flow, it is sensible to consider if they can swap workstations. Currently, there is no maximum temperature legally required in the workplace.

However, Stephen Moore, Head of Employment at Ashfords law firm, has deemed having a fixed maximum workplace temperature “unrealistic,” given that each workplace is different. He said:

“If you’re working in a factory for example the temperature will have a greater impact than if you’re working in an office, so [it depends] on which sector or which type of manual labour.”

The second factor adding to the difficulties in having a fixed maximum workplace temperature is the increase in working from home following the pandemic. Greater home working has become acceptable since COVID-19, meaning employers will find it difficult to manage a fixed temperature.

Mr Moore has said legal claims may be made by workers as employees do have the right to raise concerns with their employer. Employers have a responsibility to ensure the workplace environment is safe for employees and “heat is one of those elements”, Moore added.

The GMB union says that enforcing a maximum temperature for emergency services and indoor workplaces will aid workers in the event that they make a personal injury claim related to heat stress. Tom Rigby, regional health and safety officer at GMB, said:

“It is hard to win a personal injury claim without legislation in place – that’s part of the reason of putting legislation in place, to put pressure on the employer. Indeed, 99% of employers do not have a heat stress risk assessment in place for workers. They should have basic measures in place, rotating production so people can have breaks, having a cool area for people to go to – this is all part of the existing advice. But most employers don’t act on it unless a union demands it of them.”

Advice from the HSE suggests that the workplace temperature inside buildings must be reasonable, including for those working from home. Employers can carry out a thermal comfort risk assessment, including for when staff work from home, and employees have the right to stop working if they believe their working environment is causing damage to their health.

Should the employer penalise the employees in this instance, employees are then liable to make an Employment Tribunal claim.

Workplace expert ACAS has issued practical tips for employers in managing heat-related workplace challenges, reminding employers that they have health and safety obligations to their staff, encouraging businesses to follow steps to minimise the impact.

Susan Clews, ACAS Chief Executive, said:

"The warm summer weather may be a blessing for some, but many staff going into work on one of the hottest weeks of the year will not appreciate the heat. Some employees, such as pregnant women or older staff, may also be adversely affected by the extreme heat. The heat can also impact public transport too, which can affect employees commuting into work. ACAS has produced some tips for employers to help make sure their businesses remain productive during the hot weather and ensure staff are also happy and comfortable."

ACAS offers the following hot weather working advice.

Workplace temperatures should be reasonable
HSE advice states the temperature in workplace buildings must be reasonable. Home working is included in this. Employers should seek HSE advice on how to carry out a thermal comfort risk assessment.

Keeping cool at work
Fans and air conditioners should be switched on to keep the workplace temperature cool. Blinds and curtains should be used to block out sunlight. Staff working outdoors should use sunscreen to protect themselves from sunburn as well as wear appropriate clothing.

Remain hydrated
Employers are required to provide their workers with suitable drinking water in the workplace. Employees are encouraged to drink plenty of water throughout the day for dehydration prevention, not only when they feel thirsty.

Dress code
There is no obligation for employers to relax their dress code or uniform in the hot weather. Where possible, it is advisable for employers to relax rules around wearing ties or suits.

Getting into work
Staff should check in advance public transport timetables as public transport could be adversely affected by the hot weather, affecting staff attendance and punctuality. Employees should speak to their manager and discuss alternative arrangements, such as starting at a different time or working from home.

Vulnerable workers
Some employees may be adversely affected by the hot weather more. This includes the elderly, pregnant women, or those on medication. To help, employers could provide more frequent rest breaks or ensure there is adequate ventilation by providing or portable air- cooling units.