Is it just too hot to handle? How employers can support employees through the heatwave

As the soaring temperatures descend upon us, employers must take action to ensure that employees are protected to avoid potential legal action. We have compiled a list of areas of risk and tips on how to mitigate and manage effectively.

What legislation governs how employees treat heatwaves?

There is currently no law that provides a maximum temperature for people in the UK to work in, but guidance from the Health and Safety Executive (HSE) highlights that employers are required to provide a reasonable indoor temperature in the workplace. This includes indoor areas of construction sites, and where sites are outdoors, employees must be protected from adverse weather and site rest facilities must also be maintained at an appropriate temperature.

Employers are required to assess risks, such as temperature in the workplace, and put controls in place to protect workers.

Who is likely to be impacted by the heatwave?

Employers should take particular consideration of their duties and responsibilities regarding workplace temperature to avoid adversely affecting those with disabilities affected by heat. In a survey conducted by Scope’s Lived Experience Research Panel, three-quarters of disabled people stated that their condition was significantly affected by hot weather. Many mental health medications, such as antidepressants, can also affect temperature regulation, making individuals more susceptible to overheating.

Similarly, heatwaves can exacerbate the effects of menopausal women who are affected by hot flushes. With recent Tribunal guidance that menopausal symptoms could meet the threshold of a disability, employers should be wary of treating the effects of menopause in a heatwave lightly.

Parents are also likely to be affected by the heatwave, with several schools and nurseries around England stating that they will close early or entirely due to the heat. This will leave employees facing an unexpected predicament where they are required to care for their children during work hours or obtain childcare at short notice. Pregnant employees may also suffer in the heatwave

Following widespread train cancellations across the country, employees who commute to work will be affected by the heatwave. Commuters may be left stranded in spite of their best endeavours to travel to and from work.

What can employers do to support employees and reduce risk of legal action?

• Complete up-to-date risk assessments for working during heatwaves. Risk assessments should be reviewed and updated where conditions change.
• Provide clear communication as to what is expected of commuters. Employers should provide any expectations well in advance of travelling times and, where possible, look at practical arrangements. Employers may also want to consider remote working. Where this is not possible, employers should demonstrate a degree of leniency and limit work periods to avoid severe disruption to commutes.
• Consider reasonable adjustments. For those who are adversely affected by heat, such as people with disabilities, pregnant women, the elderly and those affected by menopause, employers would be best placed to consider their needs to avoid creating areas of risk. Some measures that could be taken include: remote working, providing air conditioning units, easily accessible cold water, fans, reducing working hours or relaxing dress codes. Individual risk assessments should also be considered and prepared on a bespoke case-by-case basis to ensure appropriate measures are being utilised for individual employees.
• Subject to business needs, employees could use annual leave or unpaid time off to care for their dependent children.

Conclusion

British summers continue to get hotter and hotter due to climate change, and employers need to prepare for the increasing likelihood of heatwaves and the impact this has on employees and the running of the organisation. Organisations are advised to seek legal advice to prepare an extreme weather policy that is both commercially and legally compliant. Taking steps to communicate clear expectations will reduce the potential for heatwaves to become a contentious area for employers.