It's so cold, can we go home?

What are your rights when the office temperature drops to freezing?

It may look like a Christmas card outside, but working in a freezing office, warehouse or shop can be uncomfortable and may create genuine health and safety risks.

There is no single legal temperature at which employees are automatically entitled to stop work or be sent home. However, employers must provide a reasonable working temperature in indoor workplaces and take appropriate steps to protect workers from excessive cold.

Is There a Minimum Workplace Temperature?

The Workplace (Health, Safety and Welfare) Regulations 1992 require employers to maintain a reasonable temperature in indoor workplaces during working hours.

Health and Safety Executive guidance states that the temperature should normally be at least:

• 16°C where employees are carrying out ordinary indoor work; or


• 13°C where the work involves rigorous physical effort.

These figures are guidance rather than absolute statutory limits. A workplace below 16°C is not automatically unlawful, but the employer should be able to show that the temperature remains reasonable and that any health risks are being properly managed.

What Is a Reasonable Temperature?

What is reasonable depends on more than the reading on a thermometer.

Relevant factors include:

• the type of work being performed;


• the level of physical activity;


• how long employees are exposed to the cold;


• draughts and air movement;


• humidity;


• contact with cold surfaces or products;


• the clothing and protective equipment provided;


• the age and health of workers; and


• whether employees can take suitable breaks in a warm area.

A temperature that may be reasonable in a cold-storage warehouse may not be reasonable in an office where employees remain seated for long periods.

The Employer’s Responsibilities

Employers have a general duty to protect the health, safety and welfare of employees and other workers affected by their activities.

Where low temperatures may create discomfort or risk, an employer should consider:

• maintaining and repairing the heating system;


• providing safe local heaters;


• reducing draughts;


• insulating cold surfaces;


• providing suitable protective clothing;


• allowing warm-up breaks;


• providing heated rest facilities;


• rotating work to reduce exposure;


• changing working hours or duties;


• allowing home working where practical; and


• monitoring employees for signs of cold stress.

Portable heaters must be positioned and used safely. They should not create fire, electrical, trip or ventilation hazards.

Cold Stores and Outdoor Work

Some jobs cannot be carried out at ordinary room temperature. Examples include work in cold stores, construction, agriculture, deliveries and other outdoor occupations.

In these workplaces, employers may need to provide:

• weatherproof or insulated clothing;


• gloves and suitable footwear;


• heated shelters or rest areas;


• regular breaks;


• hot drinks where appropriate;


• shorter periods of exposure;


• supervision and training; and


• procedures for severe weather.

The employer should assess the actual risk rather than assuming that cold conditions are unavoidable because they are part of the job.

Who May Be Particularly at Risk?

Cold conditions may affect some workers more seriously than others.

This may include people who:

• have heart or circulation problems;


• have respiratory conditions;


• have arthritis or mobility difficulties;


• are pregnant;


• have a disability or long-term health condition;


• take medication affecting body temperature;


• are older or particularly young; or


• work alone or in isolated locations.

The employer may need to carry out an individual risk assessment and consider reasonable adjustments for a disabled worker.

What Should an Employee Do?

An employee who believes the workplace is unreasonably cold should raise the issue promptly.

Useful steps include:

• checking the actual temperature;


• reporting the problem to a manager;


• explaining any symptoms or health concerns;


• asking what risk assessment has been completed;


• suggesting practical measures such as additional heating or warm-up breaks;


• raising the matter with a health and safety representative or trade union; and


• using the employer's grievance procedure if the problem is not addressed.

Keep a written record of temperatures, dates, complaints, symptoms and the employer's response where the problem continues.

Can You Refuse to Work or Go Home?

An employee does not normally have an automatic right to leave work simply because the temperature has fallen below 16°C.

Leaving without permission could be treated as unauthorised absence, depending on the circumstances.

However, employment law may protect an employee who takes appropriate action because they reasonably believe there is serious and imminent danger that they cannot reasonably be expected to avoid.

This is a fact-sensitive area. The employee should normally report the danger, explain the concern and obtain urgent advice before refusing work, unless the situation requires immediate action to protect safety.

Will You Be Paid if the Workplace Closes?

Whether an employee must be paid when a workplace closes because of heating failure or severe weather depends on:

• the employment contract;


• the reason for the closure;


• whether the employee is ready and available for work;


• whether home working or alternative duties are available;


• any lay-off or short-time working provisions; and


• the employer's policies and established practices.

An employer cannot assume that staff can simply be sent home without pay. The contract and the circumstances should be checked.

Problems Travelling to Work

Snow, ice or disruption to public transport does not normally give an employee an automatic right to paid leave.

An employee who cannot attend or expects to be late should contact the employer as soon as possible.

Possible arrangements may include:

• working from home;


• working from another location;


• making up the time;


• taking annual leave;


• using unpaid leave; or


• agreeing on adjusted working hours.

Employers should apply policies consistently and take account of genuine safety and travel difficulties.

Working From Home

Employers continue to have health and safety responsibilities when employees work from home.

However, responsibility for ordinary domestic heating costs will normally depend on the employment arrangements and any home-working policy.

An employee should report conditions that prevent them from working safely or effectively, particularly where a disability or medical condition is involved.

Making a Formal Complaint

Where informal requests do not resolve the problem, an employee may consider:

• raising a formal grievance;


• contacting a trade union;


• speaking to a workplace health and safety representative;


• seeking advice from Acas;


• reporting serious health and safety concerns to the appropriate enforcing authority; or


• obtaining advice from an employment solicitor.

The enforcing authority may be the Health and Safety Executive or the local authority, depending on the type of workplace.

Protection From Detriment or Dismissal

Employees may have legal protection where they raise genuine health and safety concerns, report wrongdoing or take specified action in response to serious and imminent danger.

A dismissal or detrimental treatment connected with a protected health and safety action may be unlawful.

Strict Employment Tribunal time limits apply, so prompt advice should be obtained if an employee is disciplined, dismissed or treated unfairly after raising a safety concern.

Practical Steps for Employers

Employers should not wait for repeated complaints before addressing a cold workplace.

Practical measures include:

• servicing heating systems before winter;


• checking workplace temperatures;


• consulting employees about thermal comfort;


• repairing broken windows and doors;


• providing suitable local heating;


• reviewing ventilation and draughts;


• providing appropriate clothing and facilities;


• identifying vulnerable workers;


• planning for boiler failure and severe weather; and


• communicating closure and pay arrangements clearly.

Comfort is partly subjective, but an employer should consider the conditions objectively and respond reasonably. A cold, distracted workforce may also be less productive and more prone to mistakes.

Finding an Employment Law Solicitor

There is no automatic legal right to stop working when the temperature falls below a particular figure. However, employers must provide a reasonable indoor temperature and manage health and safety risks caused by cold conditions.

Use the search facility at the top of this page to find an employment law solicitor who can advise on workplace safety, pay, grievances, reasonable adjustments or treatment following a health and safety complaint.

This guide provides general information about workplace temperatures in England and Wales. It does not constitute legal or medical advice and should not replace advice about an individual workplace or employment dispute.