Is it legally too hot to work?  Your workers’ rights as Britain faces a heat wave

Is it legally too hot to work? Your workers’ rights as Britain faces a heat wave

Parts of Britain are getting hotter than the Maldives or the Bahamas this week as temperatures are expected to reach a maximum of 91ºF (33ºC).

According to the Met Office, temperatures in the UK will range from 81-91ºF (27-33ºC), making it one of the hottest week of the year so far

Employees faced with sweltering offices and outdoor workplaces are probably wondering if it isn’t too hot to work.

Telegraph Money outlines your rights in the heat.

Can I tell my boss it’s too hot to work?

The law does not specify a temperature when it gets too hot to work. The Health & Safety Executive guidelines do specify a minimum temperature to work – 60.8ºF (16ºC) or if the work involves physical exertion it could be 55.4ºF (13ºC) – however it is not stated in the guidelines work when it is too hot.

Gary Rycroft, attorney at Joseph A Jones & Co, said employers should instead think about their “duty of care” and what is “reasonable” when calling employees to the office, taking into account the Health & Safety Executive’s guidelines and regulations. .

“To be clear, such guidelines and regulations are not what we call ‘black letter law’, by which I mean legal rules that are well known and beyond doubt, but rather a sensible means of navigation to avoid future legal problems,” said Mr Rycroft .

This is because some workplaces, such as factories, are incredibly hot due to the nature of the work being done there, Mr Rycroft said.

What are your rights in the workplace?

Employers must conduct rigorous risk assessments of their workplaces to determine whether they have acted reasonably and fulfilled a duty of care to an employee.

A risk that high temperatures may cause harm to an employee is of course taken into account in a risk assessment.

Employers must also consider an employee’s special circumstances, such as underlying health conditions, if they have been addressed in advance.

Government guidelines state that, as a minimum, employers must maintain a comfortable temperature in the workplace and provide clean, fresh air.

“There is no point on the thermometer when the mercury rises to the point where you are legally entitled to go home,” Mr Rycroft said. “But you should reasonably expect measures to be taken to keep you as comfortable as possible while you work, whether that be cold drinks, a fan or ice cream.”

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