As the thermometers registered record temperatures over recent days, our thoughts have turned to one question: how hot is ‘too hot’, when it comes to the workplace?

What does the law say?

Various myths have arisen over the years around the notion that there are strict maximum and minimum temperatures beyond which employees cannot be required to work.  In reality, there are no such hard and fast rules currently in place.  Instead, the law is much more difficult to pin down and generally requires employers to provide a ‘reasonable’ workplace temperature.  What is ‘reasonable’ may depend on the particular circumstances of each case.  What is acceptable in a professional kitchen could be rather different from what is acceptable in your average office.

Some useful guidance

The Health and Safety Executive (HSE) recommends that employers should consult with employees (or their representatives) to establish the means to cope with high workplace temperatures.  Within its Approved Code of Practice (https://www.hse.gov.uk/pubns/priced/l24.pdf), the HSE says that if the temperature becomes too high, employers should take ‘all reasonable steps’ to achieve a comfortable temperature.  This could involve regular monitoring, with the assistance of thermometers located around the workplace.  In areas where the temperature could become uncomfortable, employers may need to take steps to address the problem by, for example, (i) providing fans (or other air-cooling equipment), (ii) shading windows, and (iii) taking other reasonable steps aimed at cooling the work environment.

Time for change?

With experts predicting an increase in the frequency of extreme weather events here in the UK, a question arises as to whether the existing legal framework is sufficient to keep people safe.  Certainly, the Climate Change Committee (which advises the government on adapting to climate change) thinks we need to do more.  The CCC has recently recommended the introduction of clearer maximum and minimum workplace temperatures.  They propose a target indoor temperature range of between 16°c and 25°c. 

We’d be somewhat surprised if the law is updated any time soon.  But if the impact of climate change becomes more acute, could the arguments in favour of greater regulation become overwhelming?

Want to read more?

If you would like to read more about HSE recommendations for managing workplace temperatures, click on the link below:

https://www.hse.gov.uk/temperature/employer/managing.htm 

If you want to provide us with your thoughts on what you consider to be the parameters of a reasonable and comfortable working temperature, please get in touch.