The TUC union had previously called for a change in the law to introduce a maximum working temperature – but unfortunately this has not happened yet. However, there are rules that can help you leave an overly hot office
This week is expected to bring the highest temperatures of the year so far – but how hot does it have to be for work to stop?
The Met Office is predicting temperatures could rise to a sweltering 31 degrees in some UK regions, and several areas are already classified as heatwave zones. The TUC union has in the past encouraged employers to introduce flexible working hours and relaxed dress codes during hot periods to ensure staff comfort and safety.
The union also recommended that employees take frequent breaks to cool down. While the minimum temperature in the workplace is recommended to be -16 °C or 13 °C for people doing physical work, the maximum temperature is less clear and is not defined by law.
There are also no legal regulations regarding extreme maximum temperatures in the workplace. However, the law stipulates that an “appropriate” temperature must be maintained in all indoor workplaces throughout working hours.
The TUC wants to ban the typical “oven-like” working environment indoors when the thermometer reads above 30 degrees Celsius, while also arguing for the protection of people who work outdoors or drive for work, reports the Mirror.
Unfortunately, these changes to the law have not yet come into effect. While there are guidelines that allow you to vacate an overheated office, there is no set maximum temperature, which makes things a little more complicated.
According to the TUC: “An employer must provide a working environment that is, as far as practicable, safe and free from risks to health. In addition, employers must assess risks and take any necessary preventive or control measures.”
The Health and Safety Executive, the UK’s workplace health and safety regulator, has made it clear that setting a maximum working temperature is not practical due to the extreme conditions in certain industries such as glassworks or foundries.
Their guidelines state: “The Workplaces (Health, Safety and Welfare) Regulations 1992 set out specific requirements for most aspects of the working environment. Regulation 7 deals specifically with the temperature of indoor workplaces and states: During working hours, the temperature in all workplaces in buildings must be appropriate. However, the application of the Regulations will depend on the type of workplace, e.g. bakery, cold store, office or warehouse.”
In addition, employers are required to provide “clean, fresh air” and maintain a comfortable temperature. Importantly, even without a definitive temperature limit, action can be required if employees find the temperature uncomfortable.
The HSE recommends: “If a significant number of employees complain of discomfort due to high temperatures, your employer should carry out a risk assessment and act on the results of that assessment.”
If you are a particularly vulnerable worker, for example if you have an underactive thyroid, are going through the menopause or are required to wear protective clothing at work that prevents you from losing multiple layers of clothing, these factors must also be taken into account. If your workplace gets excessively hot and you or your colleagues are at risk, there is another law that may provide protection: section 44 of the Employment Act 1996.
This law basically states that you cannot be penalized by your employer if you take steps in the workplace to avoid danger or potential risks. The legislation states: “An employee has the right not to suffer detriment as a result of an act or deliberate omission of his employer in certain circumstances.”
These special situations include “dangerous circumstances which the worker could reasonably have expected to be serious and imminent and which he could not reasonably have been expected to avert.” This may include refusing to return to your workplace if you consider it too dangerous due to heat or other hazards.
So the solution is simple: if you feel uncomfortable, tell your boss. If enough people do the same, they are obligated to take action.