When is it 'too hot' to work?

Roland Fairlamb, Associate in our Employment Team, considers the impact on business of the current heatwave and rising temperatures.

As many people make the most of the hot weather, soaking up some seemingly long-overdue sun, the impact on workplaces and productivity should not be underestimated.

We all know that being uncomfortably hot can impact our productivity and make us more irritable, but there is currently no law setting a “maximum” working temperature in the UK. In part, this is likely due to the varied nature of workplaces, which makes it difficult to provide a “one size fits all” approach. However, this does mean that the onus is on employers to ensure they review their own workplace and provide a safe environment for workers.

The Climate Change Committee (CCC) is an independent body established under the Climate Change Act 2008 and advises the UK government on reducing emissions and adapting to the impacts of climate change. The CCC published a report in May this year (titled “A Well-Adapted UK”), which set out suggested solutions to address the growing impacts of climate change.

The CCC emphasised the increasing temperatures (which are expected to continue into the future) and stressed the impact that this will have on the UK if we fail to adapt.

Specifically, it stated that by 2050, 92% of homes are expected to overheat and peak river flows will be up to 45% higher with potential water supply shortfalls exceeding five billion litres per day. Without adaptation, the CCC warned that the cost of climate change to public welfare could rise to between 1-5% of UK GDP by 2050, equivalent to £60-260 billion per year.

The case for a national maximum temperature for workplaces

While the recommendations of the CCC are broad (and do not just focus on the UK workforce), one of the suggestions made is that the UK Government should “protect people from heat” by committing to a national maximum temperature for workplaces in order to protect workers’ safety. They also recommend incentivising the deployment of cooling systems. 

The report stated: “Maximum working temperature regulations would address the increasing risks that high temperatures pose to workers’ safety and incentivise the deployment of the necessary cooling. Businesses are largely responsible for investing in their own adaptations but must ensure that workplaces and working practices are safe for employees, including for those working outside”.

Whilst the CCC have not set out what any proposed maximum temperature might look like, a comparable example is Spain, where the maximum legal working temperature indoors is 27C for sedentary work and 25C for light physical work.  

There is no indication yet that the Government will introduce a proposed “maximum” temperature for work, and it is unlikely to be the first thing on the agenda once a new Prime Minister is in the “hot seat” following Sir Keir Starmer’s resignation. However, given the increasing emphasis placed on the recommended adjustments by the CCC, it is entirely possible that discussions around a maximum working temperature could gather momentum in the short-to-mid-term future. 

What can employers do for now?

With the temperatures already extremely high this week, and with the forecast for weather to get even hotter later this week, temperatures at work need to be a consideration for employers. A starting point for employers can be the guidance from the Health and Safety Executive, which states that “all workers are entitled to an environment where risks to their health and safety are properly controlled. Heat is classed as a hazard and comes with legal obligations like any other hazard”.

Some of the proposed steps that the Health and Safety Executive recommends that employers take include: 

• local heating or cooling, which can include fans and opening windows to manage hot weather;
• the provision of rest areas where possible;
• ensuring employees can access shade from direct sunlight;
• providing cold water dispensers and access to water;
• relaxing formal dress codes.

A link to the guidance is here: https://www.hse.gov.uk/temperature/employer/managing.htm 

These examples are not exhaustive, and while there remains no “one size fits all” approach in terms of a maximum working temperature, it is important that employers consider steps that they can take to ensure the working environment is safe and comfortable for employees. 

Should you have any queries in respect of the measures that your business can take, please don’t hesitate to contact Roland Fairlamb at [email protected] or on 0191 211 7919.