Member Article

It's getting hot in here!

In case you hadn’t already heard, its a tad warm out there today, says Emma-Louise Hewitt, Head of Employment Law at Sydney Mitchell LLP, as British temperatures are forecast to reach 39°c today!

Nevertheless, I am aware of other places that will be feeling the heat today that do not have the luxury of air conditioning.

It is rare in the UK to experience any prolonged periods of intense heat (last year was exceptional) and many employees will now be asking the question of ‘should we be forced to work in these hot conditions?’

Is there a law that says if the temperature reaches a certain level should we be sent home? In short, no.

There is no rule about employees being relieved from working conditions that they believe to be too hot (which is a gap in the market).

Guidance suggests that the minimum temperature in the workplace should be at least 16 degrees Celsius, but if the work involves ‘rigorous’ physical effort, the temperature should be at least 13 degrees Celsius.

Whilst these temperatures are not an absolute legal requirement, the employer has a duty to determine what reasonable comfort will be in the particular circumstances.

In heat such as this, employers need to provide appropriate controls to help reduce the temperature (fans), although it is advisable for employers to conduct a risk assessment of the environment and consult with its employees.

This was posted in Bdaily's Members' News section by Sydney Mitchell LLP .