Too hot to work?

Working in Hot Weather: Workplace Temperature and Employee Rights

Hot weather can make work uncomfortable and, in some environments, dangerous. Employees may struggle to concentrate, become dehydrated or develop heat exhaustion or heatstroke.

There is no fixed maximum workplace temperature in UK law at which employees automatically have the right to stop working. However, employers have legal duties to provide a safe working environment, maintain a reasonable temperature in indoor workplaces and protect workers from the risks created by extreme heat.

Is There a Maximum Legal Working Temperature?

No. UK health and safety law does not set a single maximum temperature for workplaces.

This is because working conditions vary considerably. A temperature that may be uncomfortable in an office could be normal in a bakery, foundry, kitchen or glassworks. At the same time, outdoor workers may be exposed to direct sunlight, physical exertion and changing weather conditions.

The absence of a fixed maximum does not mean that employers can ignore excessive heat. They must assess the risk and take reasonable measures to protect workers.

Is There a Minimum Workplace Temperature?

There is no absolute statutory minimum temperature, but official health and safety guidance states that indoor workrooms should normally be at least:

• 16°C where work involves relatively little physical effort
• 13°C where the work involves significant physical effort

These figures are guidance rather than automatic legal limits. What is reasonable will depend on the type of work and working environment.

What Does the Law Require Employers to Do?

Employers must protect the health, safety and Welfare of employees and other workers who may be affected by their activities.

They should:

• Assess the risks created by high temperatures
• Maintain a reasonable temperature in indoor workplaces
• Provide adequate ventilation and fresh air
• Reduce exposure to excessive heat where reasonably practicable
• Provide suitable drinking water
• Consider rest breaks and changes to working arrangements
• Protect particularly vulnerable workers
• Review the assessment when conditions change

The legal question is not simply what temperature has been recorded. The employer must consider whether the overall conditions expose workers to a foreseeable risk of harm.

What Is Heat Stress?

Heat stress occurs when the body is no longer able to control its internal temperature effectively.

The risk depends on more than the air temperature. Relevant factors include:

• Humidity
• Air movement
• Direct sunlight or radiant heat
• The physical demands of the work
• Protective clothing or equipment
• The length of exposure
• Access to rest and drinking water
• The worker's health and level of acclimatisation

A worker wearing heavy protective equipment in a warm environment may face a greater risk than an office worker in a room at the same temperature.

Symptoms of Heat Exhaustion

Possible signs of heat exhaustion include:

• Headache
• Dizziness or confusion
• Heavy sweating
• Nausea
• Muscle cramps
• Weakness or extreme tiredness
• Rapid breathing or heartbeat
• Pale or clammy skin
• Intense thirst

Affected workers should be moved to a cooler place, given fluids where appropriate and allowed to rest. Medical assistance should be obtained if symptoms are serious, worsen or do not improve.

Heatstroke

Heatstroke is a medical emergency. Possible signs include:

• Confusion or lack of coordination
• Very hot skin
• Loss of consciousness
• Seizures
• Rapid breathing
• A very high body temperature

Someone suspected of having heatstroke requires urgent medical assistance. Call 999 and begin cooling the person while waiting for help.

What Measures Can Employers Take?

Appropriate measures will depend on the workplace, but may include:

• Providing fans or air conditioning
• Opening windows where this can be done safely
• Using blinds or reflective coverings to reduce solar heat
• Moving workstations away from direct sunlight or hot equipment
• Providing cool drinking water
• Increasing rest breaks
• Providing a cooler rest area
• Reducing physically demanding work during the hottest periods
• Rotating workers between hotter and cooler tasks
• Changing start and finishing times
• Allowing suitable homeworking where practical
• Relaxing dress requirements

Fans may be less effective in very high temperatures or humid environments, and they should not be used where they could spread hazardous dust, fumes or contaminated air.

Workplace Clothing

Employers may consider temporarily relaxing dress codes during hot weather.

This might include allowing:

• Short-sleeved shirts
• Loose and breathable clothing
• Removal of jackets or ties
• Alternative uniforms

Any changes must remain compatible with safety, hygiene and professional requirements.

Employees must continue to wear necessary personal protective equipment. Where protective equipment increases the risk of heat stress, the employer should adjust working periods, breaks, ventilation or other controls rather than simply allowing the equipment to be removed.

Outdoor Workers

People working outdoors may face risks from heat, direct sunlight and ultraviolet radiation.

Employers should consider:

• Scheduling strenuous work for cooler times of day
• Providing shaded rest areas
• Ensuring regular access to drinking water
• Encouraging suitable clothing and sun protection
• Providing more frequent breaks
• Rotating tasks
• Monitoring workers for signs of heat illness
• Allowing time to become accustomed to hot conditions

Heat can also reduce concentration and coordination, increasing the risk when working at height, driving, using machinery or handling dangerous equipment.

Drivers and Mobile Workers

Employers remain responsible for managing foreseeable risks where employees drive or travel for work.

Vehicles should be appropriately maintained, and employers should consider ventilation, access to water, rest breaks and the effect of heat on concentration.

Leaving workers in stationary vehicles or poorly ventilated cabs for prolonged periods may create a serious health risk.

Homeworkers

An employer will not normally control the temperature in a home. However, it should still consider foreseeable risks and discuss reasonable solutions.

These may include flexible hours, additional breaks, temporary changes to duties or allowing the employee to work from another suitable location.

Workers Who May Be Particularly Vulnerable

Heat can create a greater risk for some workers, including:

• Pregnant workers
• Older workers
• People with heart, lung or kidney conditions
• People with diabetes
• Workers taking certain medication
• People with disabilities
• Those wearing heavy protective clothing
• Workers who are new to hot conditions

An employer should consider individual needs and obtain occupational health advice where appropriate.

Pregnant Workers

Employers must carry out an individual risk assessment for a pregnant employee once they have been notified of the pregnancy.

If excessive heat presents a risk, the employer should take reasonable steps to remove or control it. This could include changing working hours, duties or location.

If the risk cannot be adequately controlled, the employer may need to offer suitable alternative work or suspend the employee on appropriate terms in accordance with the applicable maternity protection rules.

Disability and Reasonable Adjustments

A health condition affected by heat may amount to a disability under the Equality Act 2010.

The employer may then have a duty to make reasonable adjustments. Examples could include:

• Changing working hours
• Providing additional breaks
• Allowing homeworking
• Moving the worker to a cooler area
• Providing suitable equipment
• Reducing physically demanding duties

The duty to consider reasonable adjustments is separate from the employer's general health and safety responsibilities.

Menopause and Hot Working Conditions

Hot weather and poorly ventilated workplaces can make menopausal symptoms more difficult to manage.

Employers should consider individual adjustments such as access to fans, cooler work areas, breathable uniforms, additional breaks or flexible working.

Depending on the circumstances, equality and disability law may also apply.

Can Employees Leave Work Because It Is Too Hot?

Employees do not have an automatic right to leave work simply because the workplace reaches a particular temperature.

They should normally report the problem to their manager, health and safety representative or trade union and allow the employer to assess and control the risk.

However, an employee may have legal protection where they reasonably believe there is serious and imminent danger and they leave, refuse to return or take appropriate steps to protect themselves or others.

Whether that protection applies will depend on the actual circumstances. It should not be assumed that ordinary discomfort, without a serious safety risk, gives an employee the right to leave without permission.

Protection From Detriment or Dismissal

Employees may be protected from detrimental treatment or dismissal where they raise genuine health and safety concerns or take appropriate action in response to serious and imminent danger.

Possible detriment could include disciplinary action, loss of work, reduced hours or denial of opportunities.

A dispute will depend on whether the employee's belief and actions were reasonable in the circumstances.

What Should an Employee Do?

An employee concerned about excessive heat should:

• Inform their manager promptly
• Explain any symptoms or health conditions
• Ask what risk assessment has been carried out
• Suggest practical measures
• Keep a record of temperatures and incidents where appropriate
• Speak to a health and safety representative or trade union
• Seek medical advice if symptoms develop

Employees should drink water regularly and follow reasonable safety instructions, but responsibility for controlling workplace risks remains with the employer.

Can Employees Insist on Working from home?

There is no general right to work from home because of hot weather.

An employee may request temporary homeworking or make a statutory flexible working request, but the employer can consider operational and business needs.

Where homeworking is required as a reasonable adjustment for a disabled employee, different legal considerations may apply.

Can an Employer Send Staff Home?

An employer may decide to close the workplace or send staff home where conditions cannot be made safe.

Whether employees are entitled to full pay will depend on their contracts and the reason for the closure. In many cases, employees who are ready and willing to work should continue to receive their normal pay where the employer chooses not to provide work.

An employer should not assume that workers can be placed on unpaid leave without a contractual or legal basis.

Productivity and Heat

Excessive heat can reduce concentration, speed, judgment and physical capacity.

Allowing additional breaks, flexible hours or temporary changes to targets may improve both safety and productivity.

Employers should avoid creating incentives for workers to conceal symptoms or continue dangerous work to meet performance requirements.

Making a Complaint

An employee should normally raise the issue internally first, using the employer's health and safety or grievance procedure.

Concerns may also be raised with:

• A trade union
• A workplace health and safety representative
• The Health and Safety Executive
• The relevant local authority environmental health service
• Acas

The enforcing authority will depend on the type of workplace.

Employment Tribunal Claims

An employee may potentially bring a claim where they are dismissed or subjected to a detriment for raising protected health and safety concerns or responding reasonably to serious and imminent danger.

Other claims may arise where the employer discriminates against a disabled, pregnant or otherwise protected employee.

Employment tribunal claims are subject to strict time limits, commonly three months less one day from the relevant act. Acas Early Conciliation will normally be required before a claim is submitted.

Getting Legal Advice

An employee should obtain advice where excessive heat presents a genuine health risk, the employer refuses to assess the problem or disciplinary action is threatened after a safety concern is raised.

Employers should seek competent health and safety advice when managing heat risks in factories, kitchens, outdoor work, protective equipment or other high-temperature environments.

Important Information

Solicitors.com is not a firm of solicitors. This article is provided for general information only and does not constitute legal, employment, medical or health and safety advice. Workplace conditions and individual health risks vary, and the law and official guidance may change. You should seek advice from a suitably qualified solicitor, healthcare professional or health and safety adviser before taking or refraining from action.