Employment law expert explains if it's actually ever 'too hot to work' in the office
Brits all over the UK will no doubt know the absolute hellscape that is working in a stuffy office during a heatwave.
Parts of the UK have now endured several days of record-breaking heat with the Met Office saying that Tuesday (26 May) was the hottest day in May on record for both England and Wales, with Kew Gardens provisionally reaching 35.1°C and Cardiff Bute Park reaching 32.9°C.
Meanwhile, the forecaster confirmed the record for the highest daily minimum temperature in May has provisionally been broken for a third night in a row after the mercury did not drop below 21.4°C in Camborne, Cornwall, overnight.
And while many of us would love nothing more than to be soaking in the rays at our local beer garden, enjoying picnics in the park, dusting off our garden barbecues and cooling off in the nearest lido - we're stuck at work in buildings which, let's face it, are not always perfectly equipped for the sweltering heat.
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It's led many workers to wonder when it's actually 'too hot to work' in the office - something which an employment law expert has now spoken out on.
Is it legally ever 'too hot to work' in the UK?
Well, Patrick Macken, Solicitor at Richard Nelson LLP, explains that the answer is 'both yes and no'.
"There is no specific office or work temperature threshold that entitles the workforce to stop working or relocate," he explains.
Macken added that the Health, Safety and Welfare Regulations 1992 may be the only statutory instrument that expressly addresses workplace temperature, but says that it's 'arguably underwhelming and ambiguous'.
"The obligation goes no further than maintaining a 'reasonable' temperature," he notes.
What legal protections do employees have if the heat becomes unbearable?
The expert outlines that 'several other instruments come into play', specifically the Employment Rights Act 1996.
"This provides recourse for employees who are dismissed or subject to a 'detriment' because they left, or proposed to leave the workplace, due to serious and imminent danger," Macken continues.
"While that sounds like a high threshold, the danger doesn't need to be life-threatening; it includes exposure to harm, injury, or risk. Even the risk of danger is enough to trigger statutory protection."
What counts as a ‘detriment’ if an employee complains about the heat?
Macken explains that the protection and resources available to employees under the Employment Rights Act 1996 go beyond instances of dismissal, but also apply if an employee is subjected to any 'detriment'.
Acknowledging that detriment has a 'broad application', the solicitor outlined: "It’s generally defined as anything a reasonable employee could perceive as placing them at a disadvantage; this doesn't have to be financial.
"This could include disciplinary action, such as warnings, or even just the commencement of a disciplinary procedure, regardless of the outcome."
Any advice to employers during this heatwave?
Macken says: "Whilst each case is subject to its own merits, employers ought to be mindful of health and safety measures, and avoid knee-jerk decisions to discipline or dismiss employees who take preventative measures, such as adjusting their uniform or opening doors, to stay safe in the heat."
Rhiannon Ingle