What is ‘Too Hot’ in the Workplace? Legal Advice

How hot is ‘too hot’ in the workplace?

The UK has seen temperatures rocket in recent weeks and it seems like it’s only going to get hotter. Whilst some of us are lucky enough to work in the comfort of an air conditioned office, others are not quite so fortunate. So with temperatures set to get up to 38 degrees in some parts of the UK what, in the eyes of the law, is considered ‘too hot’ to work in?

Contrary to popular belief the law does not set a limit for maximum working temperatures but it does state the working temperature in offices and other similar environments must be ‘reasonable’. How then do employers decide what is reasonable or not?

What is considered reasonable differs depending on the nature of the workplace, the work being undertaken and the environmental condition in that workplace.

Just like with any other potential hazard or risk to health and safety to employees whilst at work, employers must carry out a risk assessment – a thermal comfort risk assessment and a heat stress risk assessment if heat stress is a particular issue (such as in hot environments such as bakeries and glass works) to be more specific. The HSE has produced checklists for Thermal Comfort and Heat Stress which are available to download through the HSE’s website. These checklists can be used to help employers establish if there is a risk of thermal discomfort or heat stress to employees. As with any risk assessment, employers with 5 or more employees should record the significant findings of any risk assessments.

If a risk of thermal discomfort or heat stress is identified, employers must consider whether it is necessary to carry out a more detailed risk assessment and take the appropriate steps to monitor thermal comfort and heat stress and to control, eliminate or mitigate the risks identified.

Control measures could include (but are not limited to and will vary depending on the environment and work being carried out):

Using air conditioning to cool the air temperature or fans to improve air circulation;
Encouraging staff to work from home if they find it more comfortable and are able to do so safely;
Restrict the length of time staff are exposed to higher temperatures (if staff are working outside then perhaps consider a temporary change to working hours so that work is carried out early in the morning or later in the evening when temperatures are cooler);
Encourage staff to stay hydrated and to take regular water breaks;
Consider amending any uniform or dress code policies to accommodate items which are more suitable for extreme seasonal temperatures;
Where PPE is required for the work activity, consider any adaptations that can safely be made to reduce the risk of heat stress such as more frequent staff rotations or allowing more time to complete tasks;
Encourage employees to speak up about thermal comfort and work with them to improve conditions where reasonably practicable;
Consider reviewing risk assessments for pregnant employees and anyone who may be particularly vulnerable in hotter temperatures.

So, in summary, if you have a number of employees telling you they are suffering discomfort due to the temperature in the workplace, that is a good indication that it is ‘too hot’. You should therefore take what steps are reasonably practicable to make your employees feel more comfortable in the heat wave (however we still advise you carry out a risk assessment even if nobody complains!).

If you require any further information or advice please do not hesitate to contact us on 07776 240250

The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.

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