Millions of workers could find themselves sweltering at their desks this week as temperatures soar across the UK. But when the heat becomes unbearable, many are left asking the same question: do you have a legal right to stop working?
The answer may come as a surprise. Despite repeated heatwaves and growing concerns over workplace safety, there is currently no legal maximum working temperature in the UK. According to the UK’s health and safety rules, employers must ensure workplace temperatures are “reasonable” during working hours. However, the law does not define a specific upper limit at which staff can automatically down tools and go home.
The Health and Safety Executive says there is “no meaningful upper limit” because some industries, such as bakeries and foundries, routinely operate in hotter conditions than a typical office environment.
That does not mean employers can ignore the issue. Under health and safety legislation, businesses still have a legal duty to protect workers and provide a safe environment, including maintaining what the HSE describes as “thermal comfort”.
This could include measures such as improving ventilation, providing access to drinking water, adjusting working hours, relaxing dress codes or carrying out risk assessments during periods of extreme heat.
Workers who feel conditions have become unsafe should raise concerns with their employer in the first instance. Government-backed guidance states employers should assess workplace risks and take reasonable steps to reduce them where necessary.
There are also circumstances where employees may have additional legal protections. Under the Employment Rights Act 1996, workers can be protected if they leave or refuse to return to a workplace where they reasonably believe there is a “serious and imminent danger” that cannot be avoided.
The warning comes as parts of the UK face another spell of extreme heat, with forecasters predicting temperatures well into the 30Cs. Health officials have urged people to stay hydrated, avoid unnecessary physical exertion during the hottest parts of the day and take precautions against heat-related illness.
While there may be no official temperature at which work must stop, experts say employers cannot simply ignore soaring temperatures. If the heat is affecting workers’ health, safety or ability to carry out their jobs, businesses are expected to take reasonable action to keep staff protected.